BIRDCRIME Offences against wild bird legislation in 2010

Transcription

1 BIRDCRIME 2010 Offences against wild bird legislation in 2010

2 Contacts The RSPB UK Headquarters The Lodge, Sandy, Bedfordshire SG19 2DL. Tel: Northern Ireland Headquarters Belvoir Park Forest, Belfast BT8 7QT. Tel: Scotland Headquarters 2 Lochside View, Edinburgh Park, Edinburgh, EH12 9DH Tel: Wales Headquarters Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB. Tel: The Partnership for Action Against Wildlife Crime (PAW) PAW is a multi-agency body comprising representatives of the organisations involved in wildlife law enforcement in the UK. It provides opportunities for statutory and non-government organisations to work together to combat wildlife crime. Its main objective is to promote the enforcement of wildlife conservation legislation, particularly through supporting the networks of Police Wildlife Crime Officers and officers from HM Revenue and Customs and UK Border Agency. Please visit for more information. The views expressed in Birdcrime are not necessarily those of the RSPB or PAW.

3 Contents Foreword 2 Comment 4 Summary of reported incidents RSPB recommendations 8 Poisoning 10 Shooting and destruction of birds of prey 14 Map of confirmed UK bird of prey persecution and poisoning incidents 14 Egg collecting and disturbance 26 Trade in wild birds and taxidermy 30 Prosecutions 36 Review of National Wildlife Crime Unit 42 Partnership for Action Against Wildlife Crime 43 Legal issues 44 International update 48 Appendices 50 Appendix I Incidents reported to the RSPB Appendix II Regional breakdown of incidents reported in Appendix III Confirmed and probable bird of prey and owl persecution during Appendix IV Confirmed poison abuse incidents during Appendix V Schedule 1 nest robberies during Appendix VI Wild bird-related prosecutions in

4 Foreword Grahame Madge (rspb-images.com) Since taking up my new post earlier this year, I have been privileged to watch birds of prey in their natural haunts, be it sparrowhawks hunting the hedgerows of the RSPB s arable farm in Cambridgeshire, or hen harriers quartering Langholm moor in the Scottish Borders. The sparrowhawk is a conservation success story legal protection and strict controls on damaging pesticides have enabled it to recolonise its former range. Its presence tells me that we are getting it right on our farm wildlife-friendly farming creates the conditions for healthy populations of smaller birds, which in turn permit healthy populations of their predators. Indeed in ten years we have tripled the number of farmland birds at our commercial farm without resorting to predator control. The hen harrier, by contrast, has suffered a significant setback in its recovery according to the results of a recent UK survey. It is on the brink of extinction as a breeding bird in England. The UK government, in a recent JNCCpublished report, identifies persecution as the reason for harriers being absent from large tracts of their natural range in the UK. This includes large areas of the UK s uplands managed for driven grouse shooting. At about the same time, the European Commission adopted a new strategy to halt the loss of biodiversity in the European Union by 2020 and restore it where feasible. This commitment was reinforced at the conference of the parties to the convention on biological diversity in Japan at the end of This ambition needs to be reflected in the policies and actions of the governments of the countries that make up the UK. And where better to begin than with those of our iconic birds of prey, including golden eagles, hen harriers and peregrines, which continue to suffer at the hands of humans. This issue of Birdcrime provides evidence for the continuing scale of the persecution problem, and the types of sickening actions that some people are prepared to take against birds of prey. The challenge is clear and urgent. If governments across the UK cannot secure the status of birds like the hen harrier birds that receive the highest level of protection under European and UK law they will have failed to honour their biodiversity commitments. The UK will have failed as a contracting party to the Convention on Biological Diversity and signatory to the EC biodiversity strategy, and most importantly, it will have failed us. I understand, even if I do not accept, the continued absence of golden eagles and hen harriers from large parts of our uplands. But how do I explain their absence to my children? Small steps in the right direction have been taken. New wildlife legislation in Scotland and Northern Ireland is welcome and should make a difference, if properly enforced. The long-term future of the National Wildlife Crime Unit remains uncertain, but funding has at least been secured for the next two years. The RSPB will continue to be a champion of birds of prey, and work with willing partners to conserve birds like the hen harrier where we can. The question that the UK Government and its devolved administrations must answer is whether they will, collectively, step up for nature and ensure that birds of prey co-exist with people. Surely, as we size up the 2020 challenge, that must be our minimum ambition? Martin Harper, Conservation Director 2

5 Contents Golden eagle by Mark Sisson (rspb-images.com) 3

6 Comment Courtesy of Lincolnshire Police As the lead for the police service in England, Wales and Northern Ireland on wildlife crime, I am very pleased to be asked to provide this Comment for Birdcrime The past 12 months have once again provided evidence that criminals continue to target birds of all species. Their reasons for doing so appear to be varied but are all completely unacceptable. Of particular concern are those offences that target or involve raptors and which affect the conservation status of those birds and it is quite right that the police should consider such offending as a matter of priority. The police service is absolutely committed to bringing those who commit wildlife crime to justice. The past 12 months has, I believe, shown ample evidence of such commitment with significant convictions having been obtained for offences including the taking of peregrine eggs, the illegal use of cage traps and the illegal use of pole traps. These cases have only been brought to conviction through a professional working relationship with the Crown Prosecution Service and of course the RSPB, without whose evidence many of these cases could not have progressed. The courts are also showing very clearly their views on such behaviour with what I hope will be seen as dissuasive penalties, including the custodial sentences. In early 2011, the UK wildlife crime priorities were reviewed and I was not surprised when raptor persecution was once again identified for inclusion. The level of offending against peregrine falcons and its impact on populations has led to it becoming one of the priority species, joining hen harrier, red kite, goshawk, golden eagle and white-tailed eagle. The police service, along with many other organisations, faces challenging times. We do, however, remain committed to ensuring that those who commit serious wildlife crimes are brought to justice. Richard Crompton, Chief Constable, Lincolnshire Police, and ACPO lead on wildlife crime 4

7 5 Peregrine by Edwin Kats (rspb-images.com)

8 Summary of reported incidents in 2010 This report summarises offences against wild bird legislation reported to the RSPB in Further copies are available on request from the RSPB Investigations Section at The Lodge, Sandy, Bedfordshire SG19 2DL, or from the RSPB website ( Since 2009, Birdcrime reports have not included a total reported figure for all categories of wild bird crime. The police National Wildlife Crime Unit (NWCU) now receives data on incidents of all wild bird crimes from police forces across the UK, as well as from the RSPB and RSPCA. This enables the NWCU to publish a total figure for wild bird crime in the UK in its annual report, at the end of each financial year. With this process now in place, RSPB Investigations staff are able to focus their finite resources on wild bird crime affecting species of high conservation concern, and crime that is serious and organised. Incidents are recorded in three categories: Unconfirmed the circumstances indicate an illegal act has possibly taken place. Probable the circumstances indicate that by far the most likely explanation is that an illegal act has taken place. Confirmed the circumstances indicate an illegal act has taken place. These incidents are typically substantiated by evidence such as post mortem or toxicological analysis (eg shooting and poisoning cases), or reliable eyewitness evidence. During 2010 the RSPB received: 128 reports of poisoning incidents, including 69 confirmed incidents of abuse involving the poisoning of at least 129 individual birds or animals (see Appendix IV). 227 reports of shooting and destruction of birds of prey, with the confirmed shooting of at least 28 individual birds of prey. 40 reported egg-collecting incidents, including 12 confirmed and eight probable nest robberies from Schedule 1 species; 31 reports related to illegal disturbance or photography of Schedule 1 birds. 31 reports of illegal taking, possession or sale of birds of prey. 63 reports of illegal taking, possession or sale of wild birds other than birds of prey, predominantly finches. It is believed that these published figures represent only a fraction of the number of incidents regarding each category, as many remain undetected and unreported, particularly those that occur in private and remote areas. Persecution continues to have a conservation-level impact on several priority species, such as golden eagle and hen harrier. The UK breakdown of reported bird of prey persecution incidents published in this report show that 67% occurred within England, 24% in Scotland, 4% in Wales and 4% in Northern Ireland (1% occurred in an unknown location in the UK). In 2010, the RSPB received information on 49 individual prosecutions involving wild birds. These cases involved a total of at least 242 charges, of which 182 were proven. Fines for the year totalled 20,305 and 14 people were given prison sentences (11 of which were suspended sentences). Birdcrime figures may vary from other published reports. This is because data sets compiled for different purposes, using very different methods, are unlikely to be directly comparable. The RSPB has been recording wildlife crimes for several decades and has developed a consistent recording 6

9 White-tailed eagle by Stig Frode Olsen A much more complete (and statistically robust) picture of the impact that these crimes have can be gauged through the systematic study of bird populations themselves. For example, the framework analyses of golden eagle by Scottish Natural Heritage (see Birdcrime 2009) and hen harrier by the Joint Nature Conservation Committee (see page 20) are both rigorous longterm studies that demonstrate the severe effects that illegal killing is continuing to have on national populations of these species. format to allow longer term trends to be detected. Government data rely on a police recording system, which cannot currently record crimes against wild birds in a consistent way across the UK. Consequently, there will be some variation in how incidents are recorded, assessed and categorised. For example, the RSPB is currently the only agency to have a standardised method of reporting wildlife poisoning cases from information published by the UK government, which is supplied as pesticide analysis data rather than crime data. Because of the ad hoc nature of the way in which offences are discovered, the conclusions that can be drawn from annual crime figures alone (however they are compiled) will always be limited. Acknowledgements: In addition to information received from members of the public, the RSPB would like to acknowledge the following organisations who have supplied data used in this report: All UK police forces The National Wildlife Crime Unit (NWCU) The Chemicals Regulations Directorate (CRD); Food and Environment Research Agency (FERA); and Science and Advice for Scottish Agriculture (SASA) Royal Society for Prevention of Cruelty to Animals (RSPCA) Scottish Society for Prevention of Cruelty to Animals (SSPCA) Raptor Study Group Workers Predatory Birds Monitoring Scheme (PBMS) 7

10 RSPB recommendations on priorities for government action Monia33 (istockphoto.com) HM Government Year 2010 Birdcrime 2009 published a list of recommendations that the RSPB believed the UK government should take action on to assist in the fight against wild bird crime. How well has it fared? Subject Grade Comments Commitment from all UK governments to maintain legal protection for all birds of prey and to improve its enforcement C Conduct a full review of the enforcement of wildlife crime in England and Wales, and fully implement the recommendations of the thematic review in Scotland. Secure the long-term funding for the NWCU A- Increase support for the UK Wildlife Crime Priority to tackle raptor persecution and address inadequate law enforcement Add peregrine to the species covered by the raptor persecution wildlife priority Increase effectiveness and profile of the Partnership for Action Against Wildlife Crime (PAW) C+ D Legal protection maintained but enforcement remains inadequate No progress in England but good progress in Scotland and Wales Funding secured until 2013 but not beyond Little progress in England and Wales. Some recent improvement in Northern Ireland and Scotland A Excellent work Introduction of a vicarious liability offence to make managers and employers responsible for the actions of their gamekeepers Improve recording and reporting of wildlife crime and make the killing of birds of prey a recorded crime Update legislative provisions in England, Wales and Northern Ireland, including controls on possession of pesticides Work with the European Union to strengthen the penalties available under cross compliance so that anyone contravening EU Wildlife Directives faces having their single farm payment withdrawn. C Satisfactory progress C+ D C Excellent progress north of the border but no progress elsewhere Raptor persecution still not a recorded crime; statutory data collation improving but lacks consistency New legislation in place for NI, but no progress with pesticide controls in England and Wales Modernise the regulation of game shooting E Overall Grade C F No evidence of any progress Debated by the Scottish parliament but no progress elsewhere 8 Some progress made but needs to Step up for Nature!

11 EllenMoran (istockphoto.com) The report card shows that some progress has been made, but more needs to be done. Here are the priorities we believe Government should focus on during recommendations Give sufficient priority to wildlife crime during implementation of the UK policing review and increase support for the Wildlife Crime Officer network (see page 42) Government and the police to adopt a proactive role in achieving raptor population recoveries (see page 21) Rigorously manage and enforce the European Union s wild bird import regulations (see page 33) Increase the enforcement effort combating migrant bird trapping at Sovereign Base Areas on Cyprus (see page 48). And here are last year s again, where progress has been poor: Conduct a full review of the enforcement of wildlife crime in England, and fully implement the recommendations of the reviews in Scotland and Wales (page 22). Increase support for the UK Wildlife Crime Priority to tackle raptor persecution and address inadequate law enforcement (p 25). Introduction of a vicarious liability offence to make managers and employers responsible for the actions of their gamekeepers (p 45). Improve recording and reporting of wildlife crime and make the killing of birds of prey a recorded crime (page 11). Update legislative provisions in England, Wales and Northern Ireland, to include controls on possession of pesticides (p 12). Work with the European Union to strengthen the penalties available under cross-compliance so that anyone contravening EU Wildlife Directives faces having their single farm payment withdrawn (page 39). Modernise game shooting regulation (p 17). 9

12 1 Poisoning G Shorrock (RSPB) RSPB staff recovered this poisoned peregrine from a nest ledge in Gloucestershire In 2010, there were 128 reported incidents of wildlife poisoning and pesticide-related offences. This is lower than the 153 incidents in 2009 and below the average for the last five years ( average of 150 incidents). There were 69 incidents where abuse of a pesticide was confirmed by analysis of victim and/or bait ( average of 74 confirmed abuse incidents). The confirmed abuse incidents in 2010 involved the poisonings of at least 129 individual birds or animals. Whilst the number of confirmed incidents was slightly below the average, 2010 involved a number of very serious poisoning incidents. This included four golden eagles and a white-tailed eagle in Scotland, a golden eagle in Northern Ireland and 20 red kites throughout the UK. There have been 45 golden eagles confirmed as being illegally poisoned since the inception of the Wildlife and Countryside Act 1981 (though the actual figure will undoubtedly be far higher). The four Scottish birds made 2010 the second worst year on record during that period (1988 five birds). Tragically, December 2010 also saw the first golden eagle poisoned in Northern Ireland in living memory. This was a bird originally from Scotland and released in the Republic of Ireland as part of a re-introduction project. In addition to the 69 confirmed pesticide abuse incidents, there were also five confirmed incidents of illegal possession of pesticides connected with wildlife poisoning. There were 25 incidents of birds of prey containing second generation rodenticides. Some of these led directly to the death of the birds; in other cases they contained sub-lethal levels of these products and the birds died from other causes. When examining which pesticide was involved in each of the confirmed abuse incidents, it was found that the trend from previous years has prevailed and the most commonly abused pesticide was carbofuran, banned in the UK since 2001, with 36 confirmed incidents. All wildlife poisoning data is supplied by the UK government. The RSPB remains the only body to present the pesticide analysis data in a standardised format to reflect actual wildlife crime incidents. Consequently, there may be some minor variation on how data is presented by other agencies. 10

13 Case studies Three golden eagles poisoned A gamekeeper was convicted after a record haul of banned poison was found on a grouse shooting estate. On 5 May 2010, a group of hill walkers found the body of a golden eagle, hanging from a larch tree at the edge of a forest in eastern Sutherland. Unknown to them, only three days previously, another dead golden eagle had been found, only a couple of miles away, by a raptor study group worker undertaking fieldwork on the Skibo Estate. The police were contacted, and the carcasses sent for post-mortem. It is exceedingly unusual to find one dead eagle. To find two, close together, in the space of three days, was highly suspicious. With this in mind, Northern Constabulary officers along with RSPB Scotland Investigations staff visited Skibo Estate on 7 May. On the summit of a hill, directly above where the second dead eagle was found, the carcass of a red grouse was staked out, with a piece of wire through its neck. Right next to it, was the body of a sparrowhawk. More shockingly, however, was the discovery of the contorted body of a third dead golden eagle, some 200 m away. It was no surprise that, subsequently, tests by the Science and Advice for Scottish Agriculture (SASA) laboratory revealed that two of the eagles, the sparrowhawk and the bait contained traces of the pesticide carbofuran, illegal in the UK since The third eagle had also been illegally poisoned, with aldicarb, another banned pesticide. On 8 May, a search warrant was executed on various buildings on the estate, in a multi-agency operation, led by Northern Constabulary, and including RSPB staff. Inside one of the sheds, within a locked storeroom, used exclusively by the estate shooting manager Dean Barr, a tub containing 10.5 kg of carbofuran was discovered. This was the largest ever seizure of illegal poison made in Scotland. The amount of the pesticide in Barr s possession was enough to poison the entire Scottish population of birds of prey six times over. Barr appeared at Inverness Sheriff Court on 26 May 2011, and was convicted of possessing a banned pesticide. He was fined 3,300. The Sheriff said that, had he been found responsible for the birds deaths, he would have faced a custodial sentence. No-one has been charged with killing the eagles or the sparrowhawk, or with setting the poison bait. One of three poisoned golden eagles found on the Skibo Estate, which led to a record haul of poisons being seized. Statutory efforts to record wild bird offences remain disjointed and inconsistent. Whilst crimes such as minor theft are recorded by the Home Office, serious conservation offences, such as the poisoning of these golden eagles, are not. RSPB recommendation: Improve recording and reporting of wildlife crime and make the killing of birds of prey a recorded crime. Northern Constabulary 11

14 Derbyshire buzzard poisonings Mark Thomas (RSPB) In recent years, Derbyshire has become synonymous with the illegal persecution of birds of prey. Whilst most incidents relate to the northern Peak District, a serious spate of poisonings took place in the south of the county in early In February 2010, two dead buzzards were found near the village of Idridgehay, lying alongside a chicken carcase. The birds were collected by Natural England. Controls on the possession of pesticides form an important tool in the fight against illegal poisoning in Scotland, yet are not currently available elsewhere in the UK. Creating a list of prescribed ingredients under Section 43 of the NERC Act 2006 and Section 15 of the Wildlife and Natural Environment Act (NI) 2011 is a straightforward and vital step in the right direction. RSPB recommendation: Update provisions in England, Wales and Northern Ireland, to create controls on possession of pesticides. Following on from this, in early April 2010, the bodies of four dead buzzards were found lying next to the remains of a dead pheasant on nearby farmland at Kirk Ireton. A joint investigation involving Derbyshire Police, Natural England and the RSPB was launched. Analysis of the buzzards indicated that all six had died from deliberate carbofuran poisoning with the pheasant and chicken remains being confirmed as poison baits. A joint press appeal was issued, offering a reward for information leading to a conviction. Following the appeal, several premises were searched by Natural England and Derbyshire Police, but without success. PC Cooper of Derbyshire Police with four buzzards poisoned by carbofuran. 12

15 Ninety wild birds and a dog poisoned It is not only birds of prey in the countryside that fall victim to the indiscriminate nature of poison baits. In a bizarre incident in March 2010, more than 90 birds including geese, moorhens, ducks and coots, as well as a pet dog were killed in a London park. Investigations by the Metropolitan Police s Wildlife Crime Unit determined that two pest control officers for Newham Council were responsible for the deaths. During a lunch break they had placed bread they had baited with an insecticide stolen from work on the ground at Alexandra Lake, Wanstead Flats, in East London. On 18 October 2010 at Snaresbrook Crown Court, Terrence Webb of Peregrine Road, Ilford, and Mark Page of White Hart Lane, Romford, both pleaded guilty to two charges under the Theft Act 1968 and two charges under the Control of Pesticides Regulations The men were each sentenced to four months imprisonment and fined 7,000 with a further four months imprisonment should they default on the fines. Both men were sacked by Newham Council. PC David Flint of the Metropolitan Police s Wildlife Crime Unit said, This is by far the worst incident of wildlife poisoning my unit has investigated. These men showed a complete disregard for public safety with the indiscriminate use of dangerous chemicals. They derived personal amusement from the death of birds and caused the death of a pet dog. I believe we were lucky with this case in that there was not a serious injury or even fatality to a child. The aftermath of poisoned bread deliberately placed beside a public lake. Natural England 13

16 2 Shooting and destruction of birds of prey Confirmed bird of prey and owl shooting, destruction and poisoning incidents 2010 Incident Illegal pole/spring trapping (15) Illegal trapping other (8) Nest destruction (4) Persecution other (2) Poisoning (62) Shooting (26) Note: the number of mapped incidents is fewer than the number reported, as not all incidents can be allocated a grid reference. Where more than one incident occurred in the same 10 km grid square, the relevant symbols have been moved slightly for clarity. 14

17 In 2010, there were 227 reported incidents of illegal shooting, trapping and nest destruction of birds of prey (see Appendix I). This is lower than the 277 incidents reported in 2009, and slightly below the last five-year average ( average of 230 reported incidents). However, the number of confirmed incidents was 55, which is slightly higher than the last five-year average ( average of 48 confirmed incidents). Of the 227 reports, 55 were confirmed and 76 were probable. The most commonly reported crime was shooting, with 121 reports of incidents involving the shooting or attempted shooting of raptors and owls. Of these, 26 were confirmed (involving 28 birds) and a further 36 were probable. There were 14 reported incidents relating to destruction of birds of prey nests, eggs or chicks (four confirmed), 50 reported incidents (23 confirmed) in relation to the illegal trapping of birds of prey and a further 42 reported incidents of other offences. In 2008, the RSPB launched its Bird of Prey Campaign, to raise awareness of unacceptably high levels of bird of prey persecution and to press for government action to tackle these crimes and reduce their causes. In February 2010 we handed more than 210,000 signatures in to the Houses of Parliament on behalf of all the people who signed the pledge saying the persecution of birds of prey must stop. Some progress has been made in response, particularly by the Scottish government, but it remains insufficient to effectively tackle ongoing criminality against birds of prey across the UK. Spring traps illegally set on a peregrine nest in Staffordshire were removed by the RSPB. G Shorrock (RSPB) 15

18 Case studies Peak District gamekeeper convicted by RSPB covert film evidence G Shorrock (RSPB) Cage trap on Howden Moor, Derbyshire, containing a live pigeon bait. Glenn Brown caught on covert camera attending the cage trap. RSPB concerns about raptor persecution in the Peak District have been well documented in recent years. The publication Peak Malpractice in 2006 showed how raptor numbers were crashing in parts of the area. However, the situation in the northern part of the Dark Peak is now worse than ever, particularly in the Derwent Valley. The population and breeding success of goshawks and peregrines has collapsed there in the last five years. Faced with the terrible results from the 2009 breeding season, a fieldworker was deployed there in the spring of 2010 to locate and check cage traps. Although these traps are lawful when using live crow decoys to attract other crows, they can be misused to enable them to catch raptors. In April, a discreetly placed trap was found to contain a female pheasant, a non-target species that would be attractive to a large bird of prey such as a goshawk. It soon became clear that the trap was not being inspected daily, that the water and food provision was inadequate and that the pheasant had not been removed. After a few days it became apparent that the pheasant had developed a head injury. It was taken by the RSPB to a vet where it had to be put down. On 18 May the same trap was found to contain a white domestic pigeon. This was a clear sign that it was being used to catch birds of prey. The trap also contained other feathers suggesting another white pigeon had been in the trap recently and had been predated, presumably by a bird of prey. The live pigeon 16

19 RSPB was uniquely marked by RSPB officers to be certain it was the same bird present each day. On 20 May, the covert cameras caught local gamekeeper Glenn Brown attending the trap. Further evidence was secured when a search of the immediate area found the bodies of another white pigeon and a sparrowhawk. Finally, on 22 May, the cameras caught a man wearing a full face balaclava and camouflage fatigues entering the trap and releasing the pigeon which flew off. The man then disarmed the trap. Given the RSPB evidence, Derbyshire Police executed a search warrant at the home of Glenn Brown, led by WCO Sgt Darren Belfield. The most significant item found during the warrant was a white domestic pigeon in Brown s pigeon loft bearing the unique markings given to the bird in the cage trap by the RSPB. Other items seized included a shotgun identical to that which Brown was carrying when he attended the cage trap and a full face balaclava. Brown was arrested and interviewed but declined to make any comment, despite being shown clips of the covert footage. Brown was charged with seven counts under the Wildlife and Countryside Act 1981 and the Animal Welfare Act The charges related to the illegal use of the cage trap, taking a sparrowhawk, possession of pigeons for the purpose of committing an offence, causing unnecessary suffering and failing to meet the needs of an animal under his control. On 13 June, following a 10-day trial at Chesterfield Magistrates Court prosecuted by CPS barrister Rod Chapman, District Judge Caroline Goulbourn found Brown guilty on all counts. She ruled that Brown has been operating an illegal hawk trap to take birds of prey. Furthermore, she ruled that she viewed the attack on the integrity of the RSPB investigations staff by Bertie Woodcock QC on behalf of Knights Solicitors as an aggravating factor in the case. In addition, she criticised Brown s employer, Geoff Eyre, who leases Howden Moor from the National Trust, for being evasive and reluctant to answer questions. Brown was handed down a 100 hour community punishment order and was ordered to pay 10,000 costs. He was banned from keeping pigeons for five years and had his pigeons and loft confiscated. Brown has since indicated his intention to appeal against his conviction. There is currently no licensing system for those who shoot or provide shooting services in the UK. This hampers efforts to target those responsible for persecuting birds of prey effectively. A number of options could provide a significant deterrent without imposing a burden on the law-abiding majority. These could include removing shooting rights from a person convicted of bird of prey killing or other environmental crimes; or removing shooting rights from an estate for a fixed period, if an employee is convicted. RSPB recommendation: Modernise the regulation of game shooting. 17

20 Ospreys back on the hit list Seerscroft Veterinary Centre The dead osprey found at Golden Cross, West Sussex. Ospreys are widely distributed across the world but only recolonised Scotland in the 1950s after persecution had previously driven them to extinction in Britain in Helped by intensive nest protection measures, the Scottish population has slowly increased and is now well established, providing a major tourist attraction and bringing a welcome income to the rural economy. A reintroduction scheme, aimed at extending the osprey s range to England, began at Rutland Water in There are now more than 200 breeding pairs of ospreys in the UK, the majority in Scotland but with small numbers breeding naturally in England and Wales. Thankfully ospreys no longer suffer widespread persecution but events in 2010 shocked conservationists and were a timely reminder of this bird s dark history here. Two ospreys missing in Leicestershire In April 2010, two male ospreys went missing at Rutland Water in suspicious circumstances. Both birds were breeding adults from the reintroduction project and, significantly, both had been fishing in the same area just off the reservoir. Tim Appleton, the Reserve Warden at Rutland Nature Reserve believed it was a huge coincidence for two territorial ospreys to have disappeared within a week of each other in the same area. He added, This is totally out of character for birds that we ve known all these years, which have migrated safely down to Africa, avoiding all the perils of migration and everything that goes with it. It is the first time 18

21 Peter Cairns (rspb-images.com) any of the birds have gone missing since the reintroduction project began in Consequently, it was concluded that both birds may have been shot. Osprey shot in Caithness On 13 September, a juvenile osprey was found alive but with shotgun injuries on the River Dunbeath, Caithness, Scotland. The bird was first noted by local residents and then rescued by the SSPCA. Sadly, despite treatment from a local vet, the bird died whilst in care. The RSPB and Northern Constabulary put out an appeal for information. Osprey shot in Lincolnshire On 2 October, a freshly dead juvenile osprey was picked up near a fish farm at Hundon Manor, Caister, Lincolnshire. Veterinary analysis indicated that the bird had been shot twice by a shotgun. The bird was wearing a Swedish ring and enquiries indicated it had been ringed as a chick in June 2010 in a nest containing three chicks at Spjutholmen, Sweden. The RSPB and Lincolnshire Police issued a press release and offered a 1,000 reward leading to conviction. Osprey shot in Sussex In mid October 2010, another juvenile osprey, also wearing a Swedish ring, was found alive but suffering from shot injuries at Golden Cross, Sussex. Sadly the Osprey bird died during veterinary treatment. Analysis showed that its injuries were recent and had incapacitated the bird at the location. This bird had been ringed as a chick in the Färnebofjärden National Park, Sweden, in June Commenting on both of these birds, Lina Jansson, of The Swedish Bird Ringing Centre, said, We are saddened to hear about the death of the osprey chicks, particularly so because they had only been alive for a few months and had made amazing North Sea crossings before being shot. Osprey with shot damage in Yorkshire Finally, in October 2010 an osprey with a large piece of wing missing was seen on migration heading south over Spurn Point in East Yorkshire. This bird had also undoubtedly been shot at an unknown location. This shocking catalogue of incidents shows that, despite the huge progress that has been made in re-establishing ospreys to the British Isles and the immense pleasure they give to many people, it is still too early to call osprey persecution a thing of the past. 19

22 Persecution hits hen harriers hard Hen harrier by Steve Knell (rspb-images.com) Hen harrier female A report by the Joint Nature Conservation Committee (JNCC) has confirmed what decades of research has shown that illegal persecution is the main factor limiting hen harrier populations, especially on land managed for driven grouse shooting. The report A Conservation Framework for Hen Harriers in the United Kingdom is hardly an earth shattering one for anyone with any knowledge of birds of prey in the UK. However the fact that this conclusion has been accepted by Scottish Natural Heritage (SNH) and published by the JNCC means it is now even more incumbent on decision makers to take the necessary action to address persecution. Professor Des Thompson, SNH policy and advice manager, said, This report identifies persecution as a chronic and major problem hitting hen harriers hard across the country. This report must feed into the strenuous efforts that are being taken to resolve the hen harrier grouse moor conflict, such as the Langholm Moor Demonstration Project, the Natural England-led Environment Council harrier project and various activities under the Partnership for Action Against Wildlife Crime (PAW). Stuart Housden, Director, RSPB Scotland, commented, This report serves as a wake-up call to the grouse shooting industry, builds on the best and most comprehensive scientific evidence available, and confirms the huge gaps in the distribution of hen harriers that are now apparent to many ornithologists. It reveals the true impact of the systematic and illegal persecution routinely associated with the industry, which is having severe consequences for the species fortunes in Scotland, and pushing it close to extinction in England. This should serve as the final chance for the industry to get its house in order. The question is are grouse managers 20

23 prepared to accept the serious challenge before them and take firm and demonstrable action to stamp out this criminal activity? More fine words and letters of denial are not the answer. A significant recovery of hen harriers on grouse estates is. The recently published results of the 2010 national hen harrier survey reinforce the importance of tackling illegal persecution, with the UK population having declined by 20% since the last survey in 2004, to an estimated 650 pairs. Declines were most rapid in Scotland, while England s population continues barely to stave off extinction, with only a handful of pairs breeding successfully in any year. With the hen harrier framework suggesting England s uplands are capable of supporting at least 323 breeding pairs, this massive discrepancy remains a national disgrace. Without strong, concerted effort to tackle illegal persecution across the UK, there is little hope of reversing these worrying trends. The Scottish Government has responded to these new reports with welcome legislative changes (see page 44). At the time of writing, the UK Government has yet to give any substantive response. The framework is at A fine adult male hen harrier The results of the hen harrier national survey and the conclusions of the hen harrier framework add to the growing body of evidence that shows that illegal persecution, particularly on driven grouse moors, is preventing many of our birds of prey from flourishing in suitable habitat across the UK. The situation is dire and it is essential that government agencies and the police adopt a proactive approach to tackling criminality and achieving a recovery of populations of birds such as golden eagles and hen harriers. RSPB recommendation: Government and the police to adopt a proactive role in achieving raptor population recoveries. Hen harrier by Steve Knell (rspb-images.com) 21

24 Gamekeeper convicted for possession of a dead red kite On 26 May 2011, a former gamekeeper from the Moy Estate became the first person in Scotland to be convicted of possessing a dead red kite since the species was reintroduced to the country 22 years ago. James Rolfe was fined 1,500 at Inverness Sheriff Court for the offence, committed on 3 June 2010, while he was employed on the estate near Tomatin, Inverness-shire. The body of the kite was recovered by police during the execution of a search warrant. Over a five week period, the remains of a further two dead red kites, six illegal baited spring traps, a trapped hen harrier, and a poison bait laced with carbofuran were also recovered from the estate. No arrests or charges have been made in connection with these incidents. Police were first alerted to Moy Estate on 1 May 2010, when a satellite-tagged red kite, monitored by RSPB Scotland staff and adopted by pupils at a local primary school, disappeared. A bid to find the missing kite uncovered a severed red kite leg and wing tags belonging to the bird, hidden in holes under a covering of moss. Two weeks later remains of a second red kite were found lying close to a suspected grouse bait by members of the Highland Raptor Study Group conducting survey work. The kite was subsequently confirmed by Scottish Government testing to have been poisoned with carbofuran. Nearby a male hen harrier was found, held by the leg in an illegally-set spring trap. Miraculously the hen harrier survived this ordeal and was subsequently released back into the wild. Other traps, set beside baits and hidden under a layer of moss, were found close by. A multi-agency operation, led by Northern Constabulary, led to the discovery of the third red kite in the back of a vehicle being used by Rolfe, two more baited spring traps and four leg rings originally fitted to golden eagle chicks prior to their fledging from nests in Sutherland and Grampian, and on Mull and Skye. These rings must have been removed from dead eagles, but how Rolfe came into possession of them is unclear. Trapped hen harrier being removed from a spring trap on the Moy Estate. RSPB More than 200,000 people supported the RSPB s petition demanding an end to bird of prey killing. That shows the extent of public support for more to be done. At a time of tight funding, a review that identifies the most effective approaches to tackling wildlife crimes is essential. Scotland and Wales have completed reviews: England must follow suit. 22 RSPB recommendation: Conduct a full review of the enforcement of wildlife crime in England and fully implement the recommendations of the review in Scotland and Wales.

25 Kites not out of the woods With more than 1,500 pairs in the UK, the last 20 years have been a great conservation success story for red kites, thanks to successful reintroduction programmes and dedicated work to protect the native birds in Wales. Red kite Jeroen Stel (rspb-images.com) However, compelling new research into the low expansion rate of red kites around the Black Isle in north Scotland shows the species is being severely restricted by persecution, primarily by illegal poisoning. Between 1989 and 2009, 64 red kites have been found illegally poisoned in Scotland, though the true number will be far higher as most birds are never recovered. The study, conducted by RSPB Scotland and funded by Scottish Natural Heritage, was published in the scientific journal Biological Conservation. It compares the performance of two red kite populations where equal numbers of young birds were released during the initial reintroduction phases in Scotland and England. Since 1989, the population in the Chilterns has thrived, reaching approximately 320 pairs by However, the Black Isle population has struggled, reaching just 41 pairs over the same period. Close monitoring showed that breeding productivity of both populations Red kite - still vulnerable to persecution was very good, and indeed was amongst the highest in Europe. However, the low survival rate of Scottish birds during their first two years of life was the main factor limiting population growth. This was almost entirely due to persecution, and in the absence of which, it is believed the north Scotland population would have been over 300 pairs by Roseanna Cunningham, former Minister for the Environment with the Scottish Government, said: The Scottish Government welcomes any work which can add to our understanding of Scotland s populations of valuable species. However, it is hugely disappointing whenever we hear that our bird populations are being threatened by illegal killing. Continued persecution of our precious birds of prey is simply unacceptable. Poisoning poses serious risks to other wildlife, and potentially people, in our countryside. 23

26 Pole-trappers caught On 21 April 2011, at Market Harborough Magistrates Court, Ivan Peter Crane and his son Ivan Mark Crane of Astley Grange Farm, East Langton, Leicestershire, pleaded guilty in relation to the possession and use of a pole-trap contrary to the Wildlife and Countryside Act They were fined 1,000 and 500 respectively and paid 80 costs. Crane (senior) was also fined 2,000 in relation to illegal and unsafe storage of pesticides on his farm contrary to the Food and Environment Protection Act In August 2010 RSPB Investigations Officers located a set pole-trap at an active pheasant pen on the farm. The trap consisted of a metal spring trap positioned on the taller corner post of the pen. These traps may be legally used under cover to kill some mammals, but their use in the open is illegal and this trap was clearly targeting birds of prey or owls, which would use the post as an obvious vantage point. Such traps can cause horrific injuries. RSPB staff returned to undertake covert surveillance, to find the trap had been deactivated. However, during several days of observation both men were filmed walking and driving within just a few metres of the obvious illegal trap hanging on the corner The pole-trap set to kill birds of prey. L Scott (RSPB) 24

27 post. The covert footage also showed a sparrowhawk perching on the post where the trap had been set. Armed with this evidence, Neil Hughes, the Force Wildlife Officer for Leicestershire, was contacted. A warrant was organised and the pole-trap recovered. During the search, an insecure and unsigned pesticide store was found. This was found to contain a number of agricultural pesticides which were no longer approved. Both men accepted their involvement in rearing pheasants for shooting but denied any knowledge of the trap. However, both men later pleaded to offences in connection with the trap. Raptor persecution remains a UK Wildlife Crime Priority for Lead organisations on prevention, intelligence and enforcement actions include a range of statutory nature conservation organisations, police forces and the NWCU. A number of aims and deadlines have been proposed but so far there is little evidence of any significant progress. RSPB recommendation: Increase support for the UK Wildlife Crime Priority to tackle raptor persecution and address inadequate law enforcement. Ivan Peter Crane caught on camera next to the illegal pole-trap. J. Leonard (RSPB) 25

28 3 Egg collecting and disturbance In 2010, there were 40 reported incidents of egg collecting and egg thefts, and two reports of eggs being sold. This is lower than the 65 incidents reported in 2009, and below the last fiveyear average ( average of 70 incidents per year). There were 12 confirmed and 8 probable nest robberies from Schedule 1 species reported in 2010 (see Appendix V). These involve both egg collecting incidents and eggs and chicks taken for the live bird trade. Confirmed robberies involved the nests of seven peregrines, two golden eagles, two stone-curlews and one red kite. Probable robberies involved the nests of peregrines, barn owls, marsh harrier and, of particular concern, a wood sandpiper, a species with fewer than 10 breeding pairs in the UK. These relatively low figures are a good sign, and illustrate that since the early 1990s the numbers of egg collecting incidents have significantly reduced. Several of the peregrine incidents were believed to be related to illegal falconry rather than egg collectors. However, it is clear that a number of individuals are still active, as illustrated by the conviction of Aaron Kisiel in April Another significant egg collecting enquiry has also started in In 2010, there were also 31 reported incidents of photography and disturbance of Schedule 1 species, (the average was 29 incidents per year). Three sedge warbler eggs and a cuckoo egg found at Aaron Kisiel s house exactly matched a photograph of the eggs taken in a nest before they were robbed. Mark Thomas (RSPB) 26

29 Case studies An egg collector banned from driving for 10 months following conviction A prolific egg collector received a three month jail sentence (suspended for 12 months) and was banned from driving for 10 months following a lengthy investigation by the RSPB and Nottinghamshire Police. Aaron Kisiel, of Hanley Avenue, Bramcote, Nottinghamshire, was seen acting suspiciously by birdwatchers at peregrine falcon and merlin breeding sites in Derbyshire. A police search of his house revealed a collection of 30 birds eggs, including two clutches of woodlarks, along with a large number of items typically used by egg collectors. Kisiel pleaded guilty to possessing the eggs but denied having items capable of being used for possessing or taking eggs. After a four-day trial at Nottingham Magistrates Court, on 26 August 2010, Kisiel was found guilty of possessing items capable of being used to take and possess wild birds eggs. A number of items belonging to Kisiel were confiscated, including an egg-blowing kit, egg cabinet, a camera and expensive binoculars. Sgt Andy Hallsworth examines one of Kisiel's egg containers. During the trial, the court heard evidence that sedge warbler and cuckoo eggs found at Kisiel s house matched those found on photographs also found at the house, showing the eggs in the nest before being taken. It was accepted by the court that Kisiel had taken eggs as recently as 2009 and that his diaries showed he had amassed a large collection of eggs over the past 20 years. In delivering the verdict, the bench of magistrates praised the RSPB for providing objective and unbiased expert evidence. In addition to the suspended sentence and driving ban, Kisiel was also ordered to carry out 150 hours community service and pay 300 costs. Mark Thomas (RSPB) RSPB Investigations Officer Mark Thomas said, Aaron Kisiel is a very active egg collector who has documented the finding and taking of thousands of birds eggs meticulously, many from rare species and some even from nature reserves. Following the sentencing, the RSPB and Nottinghamshire Police offered a reward of 1,000 leading to the discovery of the remaining thousands of eggs documented in Kisiel s diaries. Anyone with information is urged to call RSPB Investigations on or Nottinghamshire Police on

30 Nest protection schemes help rare breeding birds Mark Sisson (rspb-images.com) Red-backed shrikes raised young on Dartmoor During 2010, Investigations Unit staff assisted regional RSPB colleagues with the design and implementation of three major protection schemes for rare breeding birds. These schemes help to prevent disturbance and deter the illegal activities of egg collectors. Purple herons at Dungeness A pair of purple herons successfully raised youngsters on the RSPB reserve at Dungeness, Kent. This represented the first ever breeding of this species within the UK. The birds arrived in late April and nested in an area of reedbed and grazing marsh adjacent to the Dungeness nuclear power station. A 24-hour watch was maintained throughout the season, assisted by Kent Constabulary and the power station security. Once the young had hatched, a public viewing scheme was opened, allowing thousands of reserve visitors the opportunity to safely see this historic event. Red-backed shrikes on Dartmoor Red-backed shrikes last bred in the UK around 20 years ago. Their decline from widespread breeders to near extinction was fuelled in the later years by the activities of egg collectors who particularly prized the eggs of this species. However, a pair successfully bred on Dartmoor, Devon, in 2010, raising at least four juveniles. A three-month, around-the-clock protection scheme was operated by a partnership of organisations, 28

31 Steve Round (rspb-images.com) Adrian Kettle One of the purple herons that bred at Dungeness in 2010 Little bitterns bred for only the second time in the UK co-ordinated by the RSPB and utilising many local volunteers. The scheme was justified, as known egg collectors were seen at the site on several occasions. It is hoped this could be the first stages of recolonisation by this species in the UK. Little bitterns at Ham Wall, Somerset An elusive male little bittern was seen during spring 2010 on the RSPB reserve at Ham Wall, but it was only when a female was seen in early July that breeding was suspected and then confirmed. Chicks were heard calling in the nest but due to their secretive behaviour it was unknown how many successfully fledged. Little bitterns have only nested on one previous occasion in the UK before, at Potteric Carr Nature Reserve, South Yorkshire, in Since the 1960s, the RSPB has protected the nests of rare breeding birds, starting with the famous ospreys on Speyside and red kites in mid-wales, to the more exotic bee-eaters in Durham and now rare herons. With an ever-changing climate, who knows what the next species might be that needs added protection to allow it to gain a foothold as a breeding species in this country. 29

32 4 Trade in wild birds and taxidermy In 2010, there were 98 reported incidents involving the taking, sale and possession of live and dead birds ( average of 126 incidents per year). As with previous years, the majority of 2010 incidents were cases of taking, selling and possessing live non-birds of prey (mostly finches) accounting for 63 incidents. There were 31 incidents involving birds of prey and four incidents of illegal taxidermy. Peter Corns Jeffrey Lendrum is led into Warwick Crown court prior to receiving 30 months imprisonment for attempting to smuggle peregrine eggs. J Leonard (RSPB) RSPB placing three of the peregrine chicks hatched from eggs seized from Lendrum into a Scottish nest 30

33 Case studies Airport cleaner s alertness leads to jail for international falcon smuggler On 19 August 2010, at Warwick Crown Court, Jeffrey Lendrum of Zimbabwe was sentenced to 30 months imprisonment for attempting to smuggle 14 peregrine eggs out of the UK to Dubai. He also received a four month concurrent sentence for taking the eggs from four nest sites in South Wales. On 3 May 2010, Lendrum was detained by the West Midlands Police Counter Terrorism Unit (CTU) as he waited in the Emirates departure lounge at Birmingham International Airport ready to board a flight to Dubai. Officers were informed when an alert cleaner became suspicious after Lendrum had used the lounge s shower facilities, but found they were bone dry and that three egg boxes had been discarded. CTU Officers discovered that Lendrum had 14 eggs inside socks strapped to his abdomen. He claimed they were duck eggs strapped to him to counter a back problem. However, NWCU officer Andy McWilliam confirmed they were peregrine eggs and had them passed into the care of a local falconer. Lendrum later admitted having taken 14 peregrine eggs from four nest sites in the Rhondda Valley, South Wales. He claimed he initially intended to take them back to Zimbabwe to hatch the birds out, but denied incubating them, maintaining his story about the cure for his back ailment. His car was found in the longstay car park and found to contain climbing gear and an incubator powered from the cigarette lighter. A subsequent search of a lockup facility rented by Lendrum revealed another incubator. Information gathered by the police and NWCU showed Lendrum was a highly organised and resourceful man, who stood to make a significant profit from his exploits. It was believed that the peregrine eggs were going to be passed on to a contact in Dubai. In 2002, Lendrum was fined by Canadian authorities for robbing peregrine and gyr falcon nests. On that occasion he had hired a helicopter to allow him to reach nesting sites. He also had a 1984 conviction for dealing in raptor eggs in Zimbabwe. Jailing Lendrum, Judge Christopher Hodson quoted Lord Justice Sedley, saying, Environmental crime, if established, strikes not only at a locality and its population but in some measure to the planet and its future. Nobody should be allowed to doubt its seriousness or to forget that one side of the environmental story is always untold. He added, I adopt these words to express the gravity of what you did. You have had two previous warnings of the consequences of dealing with wild protected birds and now you have come to the UK and offended. These offences plainly pass the custody threshold for reasons that I have mentioned, and pass it by a long way. The local falconer who cared for the eggs was able to hatch out 11 of the eggs. Four chicks were later returned to the wild by fellow falconers. The remaining seven chicks were successfully fostered into three wild Scottish nests, following work by the RSPB and Raptor Study Group workers. On 1 February 2011, Lendrum s sentence was reduced on appeal to 18 months. The RSPB believes that such lenient sentencing will do little to dissuade organised smugglers from benefiting from the international wildlife trade. 31

34 Raptor dealer uses breeding programme cover to evade EU bird import ban A McWilliam NWCU A West Midlands bird dealer was convicted after evading import restrictions designed to protect the EU against the transmission of highly pathogenic diseases such as avian flu. In April 2009, Brynn McDonagh, a 26-year-old bird dealer from West Heath, applied to the Animal Health Agency (AHA) for import permits for 22 birds of prey from South Africa, including a Walberg s eagle, African hawk eagles and jackal buzzards. McDonagh indicated that the birds were being imported for breeding programmes to improve the bloodlines in his stock. Import permits were subsequently issued by AHA and 20 of the birds were imported into the UK on 3 September Following the import, a number of advertisements were identified that had been placed by McDonagh on several trade websites between April and November 2009, offering the birds for sale. One of the adverts had been placed a month prior to his original application to import the birds. It appeared that the birds had always been intended for trade and were not part of a breeding programme. (UKBA) staff executed a search warrant at his home address. Officers seized seven birds, including a Wahlberg s eagle and an African hawk eagle. McDonagh was arrested and interviewed. From seized documentation officers were able to trace birds at addresses in Scotland, Cambridgeshire and Holland and show evidence of illegal sales. UKBA placed detention notices on the identified birds. McDonagh declined to disclose the whereabouts of three other birds. McDonagh s outlay was around 4,500 and had everything gone to plan he would have made 26,500 from selling the birds. McDonagh pleaded guilty to one import offence and five further offences of sale and offering for sale illegally imported CITES Annex B birds. He was sentenced at Birmingham Crown Court on 22 November 2010 to 10 months imprisonment suspended for two years, ordered to undertake 150 hours unpaid work and to pay 1,000 costs. All the seized birds were forfeited. A McWilliam (NWCU) In January 2010, West Midlands Police, NWCU, Animal Health Agency and UK Border Agency 32

35 The EU banned commercial imports of wild birds in 2007 following concerns over the transmission of avian diseases. However, Regulation (EC) 318/2007 allows certain categories of birds to be imported including birds imported for conservation programmes approved by the competent authority of the member state of destination. This case raises serious questions about how a dealer was allowed to evade import restrictions when no such genuine conservation programme apparently existed. G Shorrock (RSPB) RSPB recommendation: Rigorously manage and enforce the European Union s wild bird import regulations. Brynn McDonagh with an African hawk eagle one of the birds illegally imported from South Africa. African crowned eagle - one of the species imported by McDonagh 33

36 Landmark RSPCA case clarifies need for bird keepers to have correct documentation The rules governing the keeping and selling of native British birds in captivity have long been ignored by many bird keepers. But any uncertainties about what is required to stay within the law were dispelled by an important case brought by the RSPCA against Cambridgeshire bird breeder Edward Easter. Following a protracted investigation throughout 2010, Easter, of Hollycroft Road, Emneth, was finally convicted in February 2011 at King s Lynn Magistrates Court on 13 counts of possession of wild birds and possession with the intent to sell. The species involved included red-backed shrike, goldfinch, nightingale, skylark, wagtails, stonechat and garden warbler. Easter was ordered to pay almost 20,000 in fines and court costs. The key issue in the trial was that Easter had no documentary evidence to prove his birds were captive-bred. Sales of most live native birds other than those listed on Schedule 3 of the Wildlife and Countryside Act 1981 are governed by a general licence. This licence requires that the bird is correctly ringed with an appropriately-sized close ring, and most importantly that documentary evidence of captive breeding accompanies any sale or exchange. Sentencing Easter, District Judge Philip Browning said, It s illegal to trade in wild birds and it needs to be understood by breeders that to do this carries heavy penalties or even a prison sentence. I hope the message has been made clear that those engaging in the exchanging and selling of birds with no questions asked do so at their peril. The terms and conditions of the general licence can be downloaded at Images/wml-gl18_tcm pdf Nightingale was one of the species kept by Edward Easter. Chris Gomersall (rspb-images.com) 34

37 Goshawks still targets for illegal activity As well as being illegally killed, the goshawk also remains a focus for illegal trade activities because of its high value and hunting prowess. For this reason, it remains one of the few species still required to be registered with Animal Health, if kept in captivity. A Roberts (NWCU) In November 2010, the founder of the International Falconry Forum website was convicted of failing to register a goshawk, as well as two trade offences. On 5 November, at Torquay Magistrates Court, Paul Hill of Dairy Lane, Ivybridge, Devon, was sentenced to a Community Order of 300 hours unpaid work and ordered to pay 5,580 costs. DNA evidence was instrumental in establishing the provenance of the birds in this case. Hill unsuccessfully appealed against his conviction in July 2011, but his costs were reduced to 500. In another case, following an investigation by the Northumbria Police, falconer Harry Pyle of Batt House Road, Hexham, appeared at Hexham Magistrates Court on 6 January He pleaded guilty to buying two goshawks in 2009 without the necessary CITES documents. He was fined 500 with 120 costs. Both birds were forfeited. Hill was convicted of trade offences involving goshawks. 35

38 5 Prosecutions in 2010 The RSPB maintains a record of prosecutions involving offences against wild birds. In 2010, the RSPB was informed of the prosecutions of 49 individuals, including prosecutions taken by the Crown Prosecution Service, Procurators Fiscal and the RSPCA. Of these, 46 individuals were convicted on one or more charges. The 49 prosecutions involved at least 242 charges, the majority of which were charges under the Wildlife and Countryside Act 1981, the Control of Trade in Endangered Species (Enforcement) Regulations 1997 and the Customs and Management Excise Act Of these, 182 charges resulted in a guilty outcome (64%). Fines for the year totalled 20,305 and 14 people were awarded custodial sentences (11 of which were suspended sentences). Analysis of prosecutions for the last 10 years reveals some interesting details. The option of custodial sentences under the Wildlife and Countryside Act 1981 came into force in England and Wales on 30 January 2001 and in Scotland on 26 March Similar options should come into force in Northern Ireland during The graph below details the 28 jail and 14 suspended jail sentences awarded by the courts during the last 10 years for offences solely under the Wildlife and Countryside Act All were in English courts apart from two cases in Wales and one in Scotland. The cases break down as follows: taking and possession of birds eggs 14; the killing of non-birds of prey 10; the taking and keeping of non-birds of prey 7; raptor persecution 3; disturbance of Schedule 1 species 3; taking and keeping of birds of prey 2; taxidermy related 2; sale of birds eggs 1. Analysis of all cases since 2001, involving the Wildlife and Countryside Act 1981, Control of Trade in Endangered Species Custodial sentences under the Wildlife and Countryside Act JAIL (Suspended) JAIL

39 (Enforcement) Regulations 1997, Customs and Management Act 1979 and the Food and Environment Protection Act 1985 shows that custodial sentences were awarded in 55 cases for wild bird related offences (other than welfare). All were in English courts apart from two cases in Wales and one in Scotland. A breakdown of the types of offences for which custodial sentences were awarded is shown in the graph below. Jail sentences have been repeatedly given for offences involving species of low conservation concern, such as 10 cases relating to the killing of swans, gulls and ducks. Despite a number of cases of high conservation concern relating to the persecution of birds of prey, custodial sentences were given in only three cases (all suspended). The prosecution of two pest controllers in London in 2010 resulted in jail sentences for poisoning various birds (nonraptors) and a dog in a public park (see page 13). In contrast, there have been numerous cases in which professional pest controllers, primarily gamekeepers, have been found in possession of the banned pesticide carbofuran. This is a product which has been persistently abused in the UK, being used to poison rare and highly vulnerable species such as eagles and red kites. These cases have typically been dealt with by way of small fines. Under the Magistrates Courts Sentencing Guidelines for wildlife trade and conservation offences (November 2002), magistrates are advised, when considering the seriousness of the offence, to first take into account the ecological impact of the offence and the impact on the sustainability of the species. Whilst this may be happening with convictions involving trade in endangered species, it does not seem to be the case for offences involving native birds of prey. The RSPB believes that in some cases more meaningful sentences for raptor persecution related offences are needed to provide a stronger deterrent to reduce the serious conservation impacts these offences continue to cause and that the current guidance for sentencers should be redrafted to reflect this. Custodial sentences for wildlife offences relating to birds (non welfare) Poisoning of non-birds of prey Shooting and destruction of birds of prey Shooting and destruction of non-birds of prey Trade in endangered species Taking and possession of birds Egg collecting and disturbance

40 Case studies Case study 1: Gamekeeper convicted of placing poison bait In November 2010, a gamekeeper employed on the Leadhills Estate in South Lanarkshire was convicted of laying a rabbit bait laced with the banned poison carbofuran on an open hillside. Lewis Whitham, now of Skipton, North Yorkshire, was fined 800 by Lanark Sheriff Court. In April 2009, Whitham was seen to remove a rabbit from his quad bike and place it on the ground. When police and SSPCA officers attended they found that the dead rabbit, which was staked down to the ground, was covered in a granular substance. This substance was later confirmed as the banned pesticide carbofuran. During the trial, Mr Whitham said he was targeting crows but fully accepted that what he did was wrong, regretted what he did and stated he was trying to impress his employer. Mr Whitham was later dismissed from his employment on the Leadhills Estate. In summing up, Sheriff Stewart said, Gamekeepers have special responsibilities to the environment and what he did was contrary to all standards expected. It is very challenging for law enforcers to discover a breach of the legislation. Area Procurator Fiscal Tom Dysart, who leads the Crown Office and Procurator Fiscal Service (COPFS) on wildlife crime, said, Lewis Whitham was caught red-handed staking a poison-filled rabbit carcase to the ground on a country estate. This bait would prove attractive to a variety of carrion-eating birds, including birds of prey which are protected by law. Whitham says he was targeting crows but any bird or animal ingesting this poison would have died. Carbofuran is a banned pesticide and anyone caught using it indiscriminately will be dealt with robustly. COPFS takes crimes against wildlife and the environment seriously and anyone involved in harming Scotland's rich natural heritage in this way should expect to face prosecution. Edwin Kats (rspb-images.com) 38

41 Many sporting estates receive significant sums of public money under the single farm payments scheme. This brings responsibilities and an expectation of compliance with environmental and wildlife legislation. To target effectively, and penalise, those responsible for persecuting birds of prey, it is essential that the full range of associated offences are covered by cross-compliance rules. OneKind RSPB recommendation: Work with the European Union to strengthen the penalties available under cross-compliance so that anyone contravening EU Wildlife Directives faces having their single farm payment withdrawn. Gamekeeper Lewis Whitham was seen placing a poison-laced rabbit bait out on the Leadhills Estate. Buzzard the most common victim of illegal poisoning. 39

42 Case study 2: NWCU investigations reveal the scale of the Internet trade in taxidermy specimens and skulls Three cases in 2010 highlighted the volume of illegal trade in taxidermy items sold over the Internet, including specimens protected by international regulations. It also revealed an unusual market for the skulls of endangered species. An Internet trader who failed to learn his lesson following a previous conviction was jailed for committing further wildlife offences. On 25 June 2010, Mark Rowland of Orford Road, Swaffham, Norfolk, was sentenced to nine months imprisonment. This comprised three months from a previous suspended sentence in 2005, and six months for the new offences. The specimens were taxidermy items, including hen harrier, wildcat, barn owl, longeared owl and rhinoceros horn. A Serious Crime Prevention Order was also imposed, banning Rowland from keeping or trading in any species protected by UK or EU legislation. In December 2005, Rowland received a suspended prison sentence for selling taxidermy specimens including various birds of prey, owls and an American black bear on the Internet without the appropriate EU CITES documents. In April 2008, Norfolk Police attended his house for an unrelated matter and noted various taxidermy items, which gave them cause for concern. The NWCU arranged for Rowland s computer, some paperwork and some taxidermy, to be seized. When interviewed, he denied he was still trading in EU CITES Annex A specimens. After examining his computer and checking ebay records, it was obvious that this was untrue. However, he had tried to conceal his involvement by using family identities to filter in his own items. In sentencing, the Judge told Rowland that he had known what he was doing and that sanctions could only be effective if they were imposed. An elderly couple who ran an Internet business illegally trading in CITES-listed wildlife received suspended jail sentences. On 13 July 2010, at Leeds Crown Court, Graham Pitchforth and his wife Norah, of Southfield Close, Wrenthorpe, Wakefield, West Yorkshire, were both sentenced to 44 weeks imprisonment, suspended for 18 months and 200 hours of unpaid work. They were ordered to pay 5,250 in costs. This followed earlier guilty pleas to 24 offences involving a wide range of species including raptors, owls, primates, otters and butterflies. Searches by NWCU, HMRC, and West Yorkshire Police in 2006 had found huge numbers of specimens including dried bats, hornbill casques and the skulls of assorted animals including monkeys, fruit bats and reptiles as well as skins from South Africa and South-east Asia. Only by ploughing through thousands of computer records and hard copy s and then comparing them with ebay records was it possible to show the extent of the Pitchforth s enterprise. From over 3,600 transactions arranged via ebay and , a substantial quantity involved CITES-listed species imported from suppliers in Indonesia and South Africa, many without relevant permits. This was clearly a thriving business selling to buyers all over the world. In another NWCU-led case, a Midlands man was found guilty of running a huge operation buying and selling skulls including many CITES-listed species. On 20 August 2010, at Coventry Crown Court, Alan Dudley of Halford Lane, Keresley, Coventry, pleaded guilty to six charges relating to the illegal importation of skulls of a howler monkey and a loggerhead turtle, offering for sale skulls of a Goeldi s Marmoset and a Humboldt penguin, purchasing skulls of a goshawk and a long-eared owl and offering to purchase the skull 40

43 of a buzzard. Dudley was sentenced to 25 weeks imprisonment (suspended for two years), fined 1,000 and ordered to pay 2,515 costs. He was given a three month curfew order during which he would be electronically tagged. The investigation started in March 2008, when NWCU, UKBA and West Midlands Police found a large collection of skulls and taxidermy items and a freezer full of dead animals and birds. Enquiries revealed that, as well as being an avid collector of skulls for some years, Dudley had been licensed to dispose of animal waste, including zoo animals. He had used this opportunity to obtain potential taxidermy specimens and skulls. He also obtained skulls of species such as howler monkey and loggerhead turtle through contacts on the Internet and imported them, knowing that they would not have been granted permits. Judge Peter Ross described Dudley as an amateur academic. He added, Yours is a case where academic zeal has crossed the line into unlawful obsession. Selection of CITES listed specimens seized from Mr & Mrs Pitchforth Crown copyright 41

44 6 National Review of 2010 Wildlife Crime Unit National Wildlife Crime Unit (NWCU) Frustrations and progress characterised 2010 for the NWCU. Progress was made when the most recent Strategic Assessment added peregrine to the list of wildlife crime priorities. On top of this, 2010 saw continued progress in engaging with the land management sector, which remains imperative if inroads are to be made in relation to raptor persecution prevention. In addition, some significant developments were realised with the introduction of new legislation in Scotland through the Wildlife and Natural Environment Act, and the convictions of a number of unscrupulous land managers across the United Kingdom. Whilst the NWCU welcomes the rise in convictions and cases reported, much work is still to be done. Clearly, pesticide abuse remains one of the greatest risks to wildlife. NWCU welcomes the recent disposal scheme, which promoted the need to dispose of pesticides and poisons, that can otherwise do significant harm to biodiversity, safely. Alarmingly, the large quantity of carbofuran recovered in the North of Scotland on a high profile estate raised some serious questions in relation to which banned substances remain in circulation. In conclusion, what is clear is that whilst progress has been made it could not have been achieved in isolation. Hard work and determination by law enforcement, prosecutors, land managers and conservation organisations coming together benefits our communities significantly, leading to changes in values and working practices. In this respect, the NWCU remains optimistic that even more can be achieved over the coming year. Brian Stuart, Head of NWCU RSPB comment Funding for the NWCU has been secured until With the forthcoming changes to policing practice, it is imperative that the role of the NWCU with respect to the new National Crime Agency (NCA) is clarified. The NCA/NWCU should take responsibility for wildlife crime that is serious and organised, and involves either significant monetary incentives (eg international trade in species and derivatives) and/or significant conservation costs (eg raptor persecution in the UK). In addition, the importance of the Wildlife Crime Officer (WCO) should be affirmed by Government, with individual police forces being challenged to allocate permanent staff resources to wildlife crime investigations. RSPB recommendation: Give sufficient priority to wildlife crime in the UK policing review and increase support for the WCO network. 42

45 Partnership for Action Against Wildlife Crime (PAW) Partnership for Action Against Wildlife Crime (PAW) The Partnership for Action Against Wildlife Crime (PAW) enables statutory and nonstatutory bodies to work together to combat wildlife crime. PAW is co-chaired by Defra and the police. Congratulating PAW on reaching its 15th year, former Defra Biodiversity Minister Huw Irranca-Davies again praised PAW partners for their contribution to helping to reduce wildlife crime, through education activities, awareness-raising, supporting or leading investigations and bringing about prosecutions. Speaking at the PAW Seminar on 9 March 2010 at Kew, the Minister expressed his support for PAW and its work and urged partners to continue to play their part in tackling wildlife crime. The new PAW structure is becoming embedded in working practices and procedures. New and existing PAW members focus more closely on what they can do to support wildlife crime priorities and on how they can contribute to PAW s over-arching objectives. More information about PAW and wildlife crime matters generally can be found at Coalition Government ministers are also clear in their support for measures to tackle wildlife crime and support for PAW. Amongst other things, Minister for the Natural Environment and Fisheries, Richard Benyon, visited the Animal Reception Centre at Heathrow Airport and saw for himself the range of animals that are exported and imported, legally and illegally. The UK continues to chair the Coalition Against Wildlife Trafficking (CAWT), working with five other governments and 14 NGOs to tackle international wildlife trafficking. A website to promote the issue and keep partners and interested individuals and organisations up to date is being maintained at Jane Withey, PAW Secretariat G Shorrock (RSPB) Charlie Everitt (left) of the NWCU receives the Wildlife Enforcer of the Year award from Chief Constable Richard Crompton at the 2010 Wildlife Crime Enforcers Conference held at Cheltenham. 43

46 Legal issues New laws in Scotland and Northern Ireland strengthen battle against wildlife crime New legislation to increase protection for wildlife was debated by the Scottish Parliament and the Northern Ireland Assembly throughout much of 2010, with both countries finally passing the legislation onto the statute books early in Among the most far-reaching of the measures put in place by the Wildlife and Natural Environment (Scotland) Act is a new criminal vicarious liability offence to ensure that those who direct or turn a blind eye to bird persecution can be held to account. Former Scottish Environment Minister Roseanna Cunningham said, We have taken a huge step forward in the prevention of wildlife crime by introducing a criminal vicarious liability offence. This will provide a deterrent for those who think they can get away with allowing the deliberate poisoning of some of our most iconic birds of prey, a practice that has been a blight on our nation for too long. Bob Elliott, RSPB Scotland s Head of Investigations, said: We welcome the new provisions, but stress that they must be fully implemented in order to become a deterrent to those intent on killing our rare and iconic species. Similar measures should be introduced elsewhere in the UK to help stamp out bird of prey persecution everywhere. In Northern Ireland, the Wildlife and Natural Environment (Northern Ireland) Act also passed into law. Among the improvements were protection for curlews, which cannot now be shot, and additional protection for lapwings, redshanks and whinchats. Curlews have undergone huge declines in Northern Ireland in recent years. Additional measures included protection for the nests of certain birds that re-use their nests each year, including red kites, and the introduction of reckless offences that damage or disturb protected wildlife or wildlife sites, or to cause or permit illegal incidents. It is also now illegal in Northern Ireland to possess pesticides with no lawful reason for using them. The creation of this offence should help reduce illegal poisoning of wildlife, including birds of prey. All of these improved measures are supported by increased powers of enforcement for constables and wildlife inspectors. Former Environment Minister Edwin Poots said, Northern Ireland has taken a giant step forward in protecting its wildlife and natural environment. I am determined that wildlife crime should not be tolerated. That is why this Bill gives the enforcement authorities new powers and sanctions against perpetrators of wildlife crime. The most serious and persistent offenders will now go to jail. Anne-Marie McDevitt, Conservation Manager for the RSPB, said, This is a great step forward for improving the protection of Northern Ireland s wildlife. We hope that making it illegal to possess pesticides with no lawful reason will help stop illegal poisoning of birds of prey. Ms McDevitt also welcomed the increased powers of enforcement for constables and wildlife inspectors, and tougher sentencing. She said, We hope that this new legislation sends out a clear message to offenders that wildlife crime in any form will not be tolerated and the measures in this Bill ensure that those who break the law will face the full consequences of their actions. 44

47 Richard Revels (rspb-images.com) Curlews have undergone a massive population decline in Northern Ireland but new laws mean they can no longer be shot The majority of those convicted for crimes of raptor persecution are gamekeepers. However, the RSPB believes it is primarily their managers and employers who are the underlying cause of the problem and who should be made more accountable. The Scottish Government has now introduced an offence of vicarious liability. It is time for the rest of the UK to catch up. RSPB recommendation: Introduce a vicarious liability offence throughout the UK to make managers and employers responsible for the actions of their gamekeepers. 45

48 Legal issues Greater protection for declining species in Wales In response to dramatic population declines, several species once labelled as pests have been afforded greater legal protection thanks to the Welsh Assembly Government s decision to remove them from certain General Licences. Following a public consultation, the Welsh Government issued a set of revised General Licences on 1 January These licences are issued annually in Wales under the Wildlife and Countryside Act They permit authorised persons to control certain species of birds for specific purposes, for instance, to prevent serious damage or disease. The RSPB welcomed the decision to remove five species of conservation concern house sparrow, starling, herring gull, great black-backed gull and lesser black-backed gull from several of these licences. Starling and herring gull feature on the list of species of Principal Biodiversity Importance in Wales and are red-listed species of conservation concern. Like the great black-backed gull (also redlisted), the breeding populations of these species have declined by more than 50%. Lesser blackbacked gull and house sparrow Guy Shorrock (RSPB) are both amber-listed species of conservation concern, with house sparrow also featuring on the list of species of Principal Biodiversity Importance. House sparrow and herring gull are also priority species under the UK Biodiversity Action Plan. The RSPB is pleased with this approach and believes the conservation status of these species presented a clear case for ensuring they are no longer subject to the effectively unregulated killing permitted by the General Licences. From 1 January 2011, licences to control these species will only be issued on a case-by-case basis. Specialist Crown Counsel appointed in Scotland to tackle wildlife crime The prosecution of wildlife crime in Scotland was enhanced in 2010 by the appointment of a specialist member of Crown Counsel. Alex Prentice QC, Assistant Principal Advocate Depute, will provide support and legal advice to specialist Procurators Fiscal, and deal with any criminal appeals. Solicitor General Frank Mulholland QC, announced the news on 17 February 2010 at the Scottish Starlings will get improved protection in Wales from

49 Police Wildlife Crime conference at Tulliallan. He stated, I am delighted to announce that Alex Prentice QC is taking on the role of specialist Crown Counsel for wildlife crime. The breadth and depth of his knowledge and experience of criminal law will be invaluable to the prosecution of this type of offence. We have a duty to ensure that Scotland s rich and diverse natural heritage is protected, and we remain committed to ensuring that the prosecution service provides a powerful and effective deterrent to those who commit crimes against wildlife. The appointment of a specialist Crown Counsel builds on work already undertaken by the Crown Office and Procurator Fiscal Service (COPFS) to tackle wildlife crime more effectively. In September 2004, COPFS set up a national network of specialist wildlife prosecutors to tackle wildlife crime. This work was enhanced in February 2011 when a team of full-time wildlife prosecutors were announced. The team of three specialists will investigate, mark and prosecute all cases involving crimes against wildlife and the environment in Scotland. Their remit will also include cases of animal cruelty. The team is managed by Tom Dysart, Area Procurator Fiscal for Ayrshire, who currently leads COPFS in this area of law. The specialists will be spread across Scotland, but will work together to share knowledge and experience of cases. Release of more invasive species outlawed Following more than two years of deliberation, changes to Schedule 9 of the Wildlife and Countryside Act 1981 came into force in England and Wales on 6 April Schedule 9 lists largely nonnative species, which cannot be released or allowed to escape into the wild unless under licence. An additional 24 animals and 38 plants are now listed on the Schedule, and seven animals have been removed. Among the species that can no longer be released are eagle owl, monk parakeet, Chinese water deer, Himalayan balsam, cotoneaster, Japanese knotweed and Australian pygmy stonecrop. The RSPB welcomes these developments, but has urged Government to view them as interim measures only, pending a comprehensive review of the legislative framework dealing with non-native species issues. The inadequacies of the existing legislation, namely Section 14 of the Wildlife and Countryside Act 1981, are widely acknowledged: it is difficult to interpret, difficult The eagle owl, a species commonly kept in captivity, cannot be released into the wild. to enforce, and fails to encompass the breadth of measures required to tackle the problem. Globally, non-native species are considered the most important threat to biological diversity after habitat loss, and at an estimated cost to the GB economy of around 2 billion per year they can cause significant economic damage too. Fit-forpurpose legislation, with an emphasis on preventing introductions in the first place, is crucial. The revised Schedule can be found at uksi/2010/609/article/1/made Guy Shorrock (RSPB) 47

50 RSPB International update Bird trapping increase on British bases in Cyprus A report by one of the RSPB's partner organisations, BirdLife Cyprus, has revealed that around 1.4 million songbirds were trapped illegally in Cyprus in autumn The birds are caught to provide the main ingredient for a local delicacy: ambelopoulia. Most of these birds are trapped as they migrate through the Mediterranean from northern Europe to spend the winter in Africa and include familiar British birds such as blackcaps and robins. The picture emerging from autumn 2010 is one of bird trapping on a scale unseen since BirdLife s monitoring work began almost 10 years previously. Whilst trapping levels are still lower than in the 1990s, there has been a 75% increase in mist net use and an 89% increase in limestick setting compared with autumn Autumn trapping levels have been on a general upward trend for four years now. A nine-year high in mist netting activity represents a serious failure on the part of both Cyprus and UK authorities, with mist netting levels five times higher in the Dhekelia Sovereign Base Area (SBA) than in adjacent Republic areas. Trappers are believed to be making hundreds of thousands of Euros by selling blackcaps and other birds to be served up as illegal and expensive ambelopoulia delicacies. Enforcement action by the SBA Police and Cyprus Game Fund resulted in seizures of trapping paraphernalia and arrests of suspected trappers. It was followed up by raids by the Cyprus Police on restaurants selling ambelopoulia. More than 4,000 stored blackcaps and other protected birds were confiscated, as well as nets, calling machines and limesticks, and a number of arrests were made. In spite of this, the figures from the BirdLife Cyprus report demonstrate that more needs to be done to crack this problem. Consequently, the RSPB wrote to the Ministry of Defence (MoD) in London and held meetings, jointly with BirdLife Cyprus, with MoD representatives on Cyprus. We were pleased to hear that further enforcement operations were planned for the SBA areas in autumn However, the RSPB remains of the view that more and targeted enforcement work resulting in increased arrests and convictions will be necessary to end this lucrative and organised crime. Meanwhile, the Republic s Interior Minister vowed to tackle trapping in time for Cyprus s Presidency of the EU in July 2012 during the Bern Convention pan-european conference on illegal bird killing, held in Larnaca in July The conference sent out a clear message of zero tolerance for trapping and provided a great springboard for a renewed effort to tackle trapping and the illegal restaurant trade in the Republic of Cyprus over the coming year. It is important now that enforcement activities in the SBAs complement this renewed effort. Robin caught on a limestick in Cyprus The fact that more than five times the level of netting activity was recorded on the UK s Sovereign Base Area compared with the Cypriot Republic is an embarrassment for the Ministry of Defence and the UK Government. We know that considerable efforts have been made to apprehend trappers and clear trapping equipment from the Base Area, but this serious organised criminal activity and annual carnage will only be ended by increasing the level of arrests and convictions combined with stamping out the practice of eating ambelopoulia. Recommendation: Increase the level of enforcement effort combating the trapping of migrating birds at Sovereign Base Areas on Cyprus and continue to support efforts to change public attitudes and reduce the eating of ambelopoulia in restaurants. 48

51 49 G Shorrock (rspb-images.com)

52 7 Appendices 50

53 Appendix I Incidents reported to the RSPB The table below shows the number of incidents reported to the RSPB for each year for the categories specified. In 2009, the RSPB ceased recording certain categories of incidents, such as the shooting and destruction of non bird of prey species. The figures supplied do not therefore give a total figure for wild bird crime in the UK and are not comparable with figures provided for years prior to Incident type Shooting and destruction of birds of prey Theft, sale and possession of birds of prey Poisoning and use of poisoned baits Import and export of live or dead birds Theft, sale and possession of non bird of prey species Taxidermy and possession of dead wild birds Egg collecting and egg thefts Sale of eggs Photography and disturbance Total UK breakdown for above incident types in 2010: England 370 Scotland 97 Wales 40 Northern Ireland 13 UK unspecified 7 Total no. UK incidents recorded by the RSPB in 2010: 527 Note: Reported incident totals for previous years may have changed due to a number of belated reports or additional information received after the publishing date for Birdcrime of that year. 51

54 Appendix II Regional breakdown of incidents reported in 2010 Region County Birds of prey or owls Other * Total Eastern England Bedfordshire Cambridgeshire Essex Hertfordshire Lincolnshire Norfolk Suffolk Total Central England Buckinghamshire Derby City Derbyshire Herefordshire Leicester City Leicestershire Northamptonshire Nottinghamshire Oxfordshire Rutland Shropshire Staffordshire Warwickshire West Midlands Worcestershire Total Northern England Cheshire County Durham Cumbria East Riding of Yorkshire Greater Manchester Lancashire Merseyside North Yorkshire Northumberland South Yorkshire Tyne and Wear West Yorkshire Total

55 Region County Birds of prey or owls Other * Total South East England East Sussex Greater London Hampshire Isle of Wight Kent Reading Surrey West Berkshire West Sussex Total South West England Cornwall Devon Dorset Gloucestershire Herefordshire Somerset Wiltshire Total Northern Ireland Antrim Armagh Down Londonderry Tyrone Total East Scotland Aberdeenshire Angus Fife Moray Perth and Kinross Total North Scotland Highland Western Isles Total

56 Appendix II Regional breakdown of incidents reported in 2010 Region County Birds of prey or owls Other* Total South & West Scotland Argyll and Bute Clackmannanshire Dumfries and Galloway East Ayrshire Falkirk Scottish Borders South Lanarkshire Stirling West Lothian Total Wales Bridgend Cardiff Carmarthenshire Ceredigion Conwy Denbighshire Flintshire Gwynedd Isle of Anglesey Monmouthshire Powys Rhondda Cynon Taff Swansea City Vale of Glamorgan Wrexham Total Note: Incidents where the location was only given as England, Northern Ireland, Scotland, Wales or United Kingdom are not included. *In 2009, the RSPB ceased recording certain categories of incidents, such as the shooting and destruction of non bird of prey species. The figures supplied for each region in the other column do not therefore give a total figure for non bird of prey incidents and are not comparable with figures provided for years prior to

57 Appendix III Confirmed and probable bird of prey and owl persecution during 2010 Persecution type Month Species Confirmed Probable County SHOOTING January Peregrine 1 0 Herefordshire Buzzard 1 0 Leicestershire Red kite 0 1 North Yorkshire February Buzzard 1 0 Hertfordshire Buzzard 1 0 Dorset Peregrine 1 0 Cambridgeshire Goshawk 1 0 North Yorkshire Buzzard 1 0 Hertfordshire Peregrine 0 2 Derbyshire March Sparrowhawk 1 0 West Midlands Buzzard 1 0 Cornwall Buzzard 0 1 North Yorkshire Peregrine 0 3 Stirling Red kite 0 1 Bedfordshire Goshawk 0 1 South Yorkshire Tawny owl 0 1 Bedfordshire Kestrel 0 1 Kent Sparrowhawk 1 0 County Durham April Buzzard 1 0 County Durham Peregrine 1 0 East Sussex Red kite 0 1 Norfolk Peregrine 0 1 Dumfries and Galloway Peregrine 0 1 Stirling Barn owl 0 1 Essex Buzzard 0 1 Rhondda Cynon Taff Kestrel 0 1 Rhondda Cynon Taff May Sparrowhawk 0 1 Dorset June Peregrine 3 0 Lancashire Red kite 1 0 Hertfordshire Buzzard 0 1 South Lanarkshire July Barn owl 1 0 Staffordshire August Red kite 1 0 Cumbria Buzzard 0 1 Surrey Buzzard/birds of prey 0 13 Highland Barn owl 0 1 Wiltshire Hobby 0 1 Gloucestershire Kestrel 0 1 Cumbria September Buzzard 1 0 North Yorkshire Osprey 1 0 Highland Peregrine 1 0 Cumbria Osprey 1 0 West Sussex 55

58 Appendix III Confirmed and probable bird of prey and owl persecution during 2010 Persecution type Month Species Confirmed Probable County Buzzard 0 1 Hampshire October Peregrine 1 0 Down Osprey 1 0 Lincolnshire Short-eared owl 1 0 South Lanarkshire Buzzard 1 0 Strathclyde Osprey 1 0 East Riding of Yorkshire Bird of prey 0 1 Argyll and Bute December Buzzard 1 0 Derbyshire Barn owl 0 1 UK Peregrine 0 1 North Yorkshire Hen harrier 0 1 North Yorkshire Short-eared owl 0 1 North Yorkshire Buzzard 0 1 Hertfordshire Total NEST DESTRUCTION April Buzzard 0 1 County Durham Golden eagle 0 1 Falkirk Peregrine 1 0 South Lanarkshire May Peregrine 3 0 Staffordshire Peregrine 2 0 Dumfries and Galloway Peregrine 1 0 Gloucestershire Peregrine 0 1 Dumfries and Galloway Buzzard 0 1 Essex Peregrine 0 1 Derbyshire June Hen harrier 0 1 Moray Unspecified Merlin 0 1 North Yorkshire Total 7 7 ILLEGAL SPRING April Birds of prey 0? Northumberland TRAPPING May Goshawk 1 0 Highland Hen harrier 1 0 Highland Peregrine? 0 Staffordshire Birds of prey? 0 Highland June Birds of prey 1 0 West Yorkshire Red kite 0 1 Highland Birds of prey? 0 Highland Birds of prey? 0 Highland Birds of prey? 0 Highland Tawny owl 0 1 Devon Red kite 1 0 Highland 56

59 Persecution type Month Species Confirmed Probable County July Birds of prey 0? Essex Birds of prey 0? North Yorkshire August Buzzard 1 0 Shropshire Birds of prey 0? Leicestershire Birds of prey? 0 Leicestershire September Birds of prey? 0 Highland Birds of prey? 0 Highland Birds of prey? 0 Highland Birds of prey 0? Highland November Sparrowhawk 1 0 Durham Unspecified Birds of prey 0? North Yorkshire Birds of prey 0? Leicestershire Total 6 2 ILLEGAL TRAPPING March Peregrine 0 1 North Yorkshire (OTHER) Kestrel 0 1 Northumberland Birds of prey? 0 Angus April Goshawk? 0 Derbyshire Sparrowhawk 1 0 Derbyshire Sparrowhawk 0 1 Shropshire Buzzard 0 1 North Yorkshire Sparrowhawk? 0 North Yorkshire May Goshawk/ birds of prey? 0 Derbyshire Buzzard 0 1 Northumberland Sparrowhawk? 0 Stirling June Tawny owl 0 1 North Yorkshire July Kestrel 0 1 East Riding of Yorkshire August Kestrel 0 1 Lincolnshire September Goshawk 1 0 Angus November birds of prey? 0 Derbyshire Total 2 8 February Hen harrier 0 1 North Yorkshire Peregrine 0 1 Lancashire Peregrine 0 1 Merseyside Hen harrier 0 1 North Yorkshire Peregrine 0 1 Lancashire Peregrine 0 1 Merseyside April Red kite 1 0 Highland Osprey 0 1 Rutland Osprey 0 1 Rutland Bird of prey 0 1 South Yorkshire Sparrowhawk 1 0 Highland 57

60 Appendix III Confirmed and probable bird of prey and owl persecution during 2010 Persecution type Month Species Confirmed Probable County OTHER May Bird of prey 0? Derbyshire Peregrine falcon 0 1 Cumbria Buzzard 0 1 Cumbria Hen harrier 0 1 Perth And Kinross June Buzzard 0 1 County Durham October Bird of prey 0? Norfolk November Hen harrier 0 1 North Yorkshire Unspecified Sparrowhawk/Peregrine? 1 Tyne and Wear Sparrowhawk 0? Tyne and Wear Peregrine 0? Tyne and Wear Sparrowhawk/ birds of prey?? Tyne and Wear Goshawk 0 2 North Yorkshire Golden eagle 0 1 Highland Golden eagle 0 1 Highland Golden eagle 0 1 Highland Golden eagle 0 1 Highland Hen harrier or short-eared owl 0 1 North Yorkshire Buzzard 0 1 North Yorkshire Total 2 19 For definitions of the categories confirmed and probable please see page 6.? no bird found, but the most likely/known target is listed. 58

61 Appendix IV Confirmed poison abuse incidents during 2010 Month Victim Number Poison County Bait January Red kite 1 Carbofuran Dumfries and Galloway - January Dog 1 Aldicarb Norfolk - February Buzzard 2 Carbofuran Derbyshire Other February Buzzard 2 Alphachloralose North Yorkshire Rabbit bait x 2 February Red kite 2 Alphachloralose Northumberland - March Buzzard 2 Alphachloralose Lancashire - March Goshawk 1 Carbofuran North Yorkshire - March Red kite 1 Fenthion Ceredigion - March Red kite 1 Mevinphos Lincolnshire - March Magpie 1 Mevinphos Suffolk - March Carrion crow 2 Mevinphos Suffolk - March B Carbofuran Antrim Pigeon bait March Dog 1 Bendiocarb Greater London Bread March Mallard 1 Bendiocarb Greater London Bread March Moorhen 6 Bendiocarb Greater London Bread March Woodpigeon 10 Bendiocarb Greater London Bread March Canada goose 11 Bendiocarb Greater London Bread March Greylag goose 1 Bendiocarb Greater London Bread March Carrion crow 20 Bendiocarb Greater London Bread March Red kite 1 Alphachloralose North Yorkshire - March Buzzard 1 Carbofuran Dumfries and Galloway - March Red kite 1 Bendiocarb Northamptonshire - March Red kite 1 Bendiocarb Northamptonshire - March Raven 2 Diazinon Shropshire - March Buzzard 2 Carbofuran Highland - April Buzzard 1 Carbofuran Ceredigion - April Red kite 1 Carbofuran Ceredigion - April B Bromodiolone/Difenacoum Essex Grain April Buzzard 2 Carbofuran Antrim - April Buzzard 2 Carbofuran Armagh Meat bait April Buzzard 4 Carbofuran Derbyshire Pheasant bait April Red kite 1 Alphachloralose North Yorkshire - April Buzzard 1 Carbofuran Norfolk - April Carrion crow 1 Carbosulfan Dumfries and Galloway - April Red kite 1 Carbofuran County Durham - April B A chloralose/difenacoum Kent Grain April Peregrine 1 Aldicarb West Lothian May Peregrine 1 Aldicarb West Lothian May B Mevinphos North Yorkshire Day old chicks (13) May B Bendiocarb Kent Grain May Golden eagle 1 Aldicarb Highland - May Peregrine 2 Diazinon Shropshire - May Golden eagle 1 Carbofuran Highland - May Golden eagle 1 Carbofuran Highland - May Sparrowhawk 1 Carbofuran Highland Grouse bait May Red kite 1 Aldicarb Highland - May B Carbosulfan/ Carbofuran Highland Meat bait x 2 May B Alphachloralose Grampian Egg shells May Red kite 1 Aldicarb Highland - May Red kite 1 Carbofuran Highland Grouse bait May Red kite 1 Carbofuran Angus - June Peregrine 1 Diazinon Gloucestershire - June Red kite 2 Carbofuran North Yorkshire - June Red kite 1 Carbofuran Northumberland - 59

62 Appendix IV Confirmed poison abuse incidents during 2010 Month Victim Number Poison County Bait June White-tailed eagle 1 Carbofuran Highland - June Golden eagle 1 Carbofuran Highland - July Peregrine 1 Carbofuran Monmouthshire Pigeon bait July Peregrine 1 Carbofuran Londonderry - July Peregrine 1 Alphachloralose Londonderry - July Red kite 1 Mevinphos Stirling Grouse bait July Red kite 1 Carbofuran Perth and Kinross August B Aldicarb Gwynedd Pheasant bait August Dog 1 Aldicarb North Yorkshire - September Goshawk 1 Carbofuran Swansea city - September Buzzard 1 Alphachloralose Armagh Rabbit bait x 2 September Buzzard 2 Carbofuran Highland Rabbit bait September B Aldicarb Highland Rabbit bait September Buzzard 1 Alphachloralose Angus - October Buzzard 1 Bendiocarb/Carbofuran/ North Yorkshire - Mevinphos October Buzzard 1 Carbofuran Angus Pigeon bait October B Carbofuran Angus Pigeon bait October Buzzard 2 Carbofuran Highland Rabbit bait October Buzzard 1 Carbofuran Somerset - October Buzzard 2 Isophephos/Carbofuran Perth and Kinross - November Golden eagle 1 Carbofuran Tyrone - November Raven 1 Carbofuran Tyrone - November Buzzard 1 Carbofuran Scottish Borders - November Buzzard 1 Carbofuran Scottish Borders Pheasant bait December Red kite 1 Alphachloralose Perth and Kinross - Total 129 Items grouped by shading refer to one incident involving more than one species. B indicates that a bait, but no victim, was found. 60

63 Appendix V Schedule 1 nest robberies during 2010 Confirmed Species No. of nests Nest content County Peregrine 1 Chicks Nottingham Peregrine 1 Eggs Rhondda Cynon Taff Peregrine 1 Eggs Rhondda Cynon Taff Peregrine 1 Eggs Rhondda Cynon Taff Peregrine 1 Eggs Rhondda Cynon Taff Peregrine 1 Chicks Lancashire Peregrine 1 Unknown Northumberland Golden eagle 1 Eggs Western Isles Golden eagle 1 Eggs Highland Red kite 1 Eggs Wales Stone-curlew 1 Eggs Norfolk Stone-curlew 1 Eggs Norfolk Total 12 Probable Species No. of nests Nest content County Marsh harrier 1 Eggs Norfolk Wood sandpiper 1 Eggs Highland Barn owl 1 Chicks and eggs Greater Manchester Barn owl 1 Eggs Greater Manchester Peregrine 1 Eggs Cumbria Peregrine 1 Unknown Northumberland Peregrine 1 Unknown Northumberland Peregrine 1 Unknown Scottish Borders Total 8 For definitions of categories please see page 6 61

64 Appendix VI Wild bird related prosecutions in 2010 Date Act Section Charges Prosecutor Court Surname Plea Outcome 06-Jan Jan-10 Wildlife and Countryside Act 1981 Wildlife and Countryside Act (1) & 32(1) 1 Fiscal Dunfermline Sheriff Livingstone G G 1(1)(a) 1 RSPCA Peterborough Cockerill G G Magistrates 18-Jan Jan-10 Wildlife and Countryside Act 1981 Wildlife and Countryside Act (1)(a) 2 RSPCA Dover Magistrates Juvenile U D 18(2) 1 CPS Basildon Magistrates Sutton G G 22-Jan-10 Firearms Act CPS Basildon Magistrates Sutton U D 01-Feb Feb Feb Feb-10 Wildlife and Countryside Act 1981 Wildlife and Countryside Act 1981 Wildlife and Countryside Act 1981 Wildlife and Countryside Act (1)(a) 1 RSPCA Walsall Magistrates Jackson G G 1(2)(a) 1 RSPCA Walsall Magistrates Jackson G G 5(1)(b) 1 RSPCA Walsall Magistrates Jackson G G 1(2)(a) 3 RSPCA Hexham Magistrates McGough G G 16-Feb-10 Animal Welfare Act (1) 8 RSPCA Hexham Magistrates McGough G G 16-Feb Feb-10 Wildlife and Countryside Act 1981 Wildlife and Countryside Act (1)(a) 4 RSPCA Hexham Magistrates McGough U D 18(2) 2 CPS Hexham Magistrates McGough U D 28-Feb-10 Customs and Excise Management Act (2)(b) 14 CPS Leeds Crown Court Pitchforth G G G 28-Feb-10 Control of Trade in Endangered Species (Enforcement) Regulations (1) 9 CPS Leeds Crown Court Pitchforth G G G 28-Feb-10 Customs and Excise Management Act (2)(b) 23 CPS Leeds Crown Court Pitchforth G U D 28-Feb-10 Control of Trade in Endangered Species (Enforcement) Regulations (1) 5 CPS Leeds Crown Court Pitchforth G U D 62

65 Penalty type Penalty Penalty type 2 Penalty 2 Details Admonishment Defendant pleaded guilty to killing a lesser-black backed gull. Donation of 500 made to SSPCA. CO 60 hours unpaid work Defendant pleaded guilty to killing a house sparrow. Ordered to pay 200 costs. CD 18 months Defendant pleaded guilty to possession of an air weapon as an item capable of being used to kill wild birds. Fine 300 Defendant pleaded guilty to three charges relating to the trapping and possession of finches. CD 18 months Defendant pleaded guilty to three charges of possessing wild birds (two bramblings and a siskin) and eight charges of causing unnecessary suffering. Ordered to pay costs of 10,760 and banned from keeping birds, other than poultry, for one year. Jail 44 weeks imprisonment suspended for 18 months CO 200 hours unpaid work Both defendants pleaded guilty to 14 counts of smuggling dead CITES listed specimens and parts and derivatives. Further pleas to nine counts of unlawful trade in such specimens. Species included a variety of birds of prey, owls, primates, reptiles and butterflies, plus a hornbill, an otter and a lion. 63

66 Appendix VI Wild bird related prosecutions in 2010 Date Act Section Charges Prosecutor Court Surname Plea Outcome 28-Feb-10 Customs and Excise Management Act (2)(b) 14 CPS Leeds Crown Court Pitchforth N G G 28-Feb Feb Feb-10 Control of Trade in Endangered Species (Enforcement) Regulations 1997 Customs and Excise Management Act 1979 Control of Trade in Endangered Species (Enforcement) Regulations (1) 9 CPS Leeds Crown Court Pitchforth N G G 170(2)(b) 23 CPS Leeds Crown Court Pitchforth N U D 8(1) 5 CPS Leeds Crown Court Pitchforth N U D 03-Mar-10 Wildlife and Countryside Act (1)a 2 RSPCA Aldershot Magistrates 17-Mar-10 Wildlife and Countryside Act (1)b 1 RSPCA Wolverhampton Magistrates Peel U G Hickman G G 24-Mar-10 Wildlife and Countryside Act (2) 1 RSPCA Stockport Magistrates Dee NG D 24-Mar-10 Wildlife and Countryside Act (2)a 1 Fiscal Perth Sheriff Kerr G G 24-Mar-10 Wildlife and Countryside Act (1) 1 Fiscal Perth Sheriff Kerr G G 24-Mar-10 Wildlife and Countryside Act (1)a 1 Fiscal Perth Sheriff Kerr NG NG 24-Mar-10 Wildlife and Countryside Act (2)(a) 1 Fiscal Perth Sheriff Kerr NG NG 31-Mar-10 Wildlife and Countryside Act (1)(a) 1 CPS Alnwick Magistrates Pyrtherch G G 31-Mar-10 Wildlife and Countryside Act (2) 1 CPS Alnwick Magistrates Pyrtherch NG D 21-Apr-10 Wildlife and Countryside Act (2)a 7 CPS Hereford Magistrates Walker G G 21-Apr-10 Wildlife and Countryside Act (1) 9 CPS Hereford Magistrates Walker G G 21-Apr-10 Wildlife and Countryside Act (1)d 1 CPS Hereford Magistrates Walker G G 64

67 Penalty type Penalty Penalty type 2 Penalty 2 Details Jail 44 weeks imprisonment suspended for 18 months CO 200 hours unpaid work Both defendants pleaded guilty to 14 counts of smuggling dead CITES listed specimens and parts and derivatives. Further pleas to nine counts of unlawful trade in such specimens. Species included a variety of birds of prey, owls, primates, reptiles and butterflies, plus a hornbill, an otter and a lion. CD 6 months Defendant pleaded guilty to two charges of killing wild birds. Ordered to pay 20 costs. CD 2 years Defendant pleaded guilty to releasing a non-native bird. Fine 400 Defendant pleaded guilty to two charges. These related to the shooting of a buzzard, which was found in the back of his Land Rover, and possession of a tub containing alphachloralose and carbofuran found in his jacket pocket. Admonishment Fine 1,000 Defendant pleaded guilty to exposing 54 birds eggs for sale. Ordered to pay 70 costs. Fine 500 Fine 400 Defendant pleaded guilty to 17 charges. These involved the intentional killing of two buzzards and five ravens, the laying of nine poisoned baits and the possession of the pesticide bendiocarb for use in poisoning in offences. Ordered to pay 85 costs. Fine

68 Appendix VI Wild bird related prosecutions in 2010 Date Act Section Charges Prosecutor Court Surname Plea Outco 18-May-10 Wildlife and Countryside Act (2)(a) 3 RSPCA Walsall Magistrates Kemp G G 18-May-10 Wildlife and Countryside Act (1)(b) 1 RSPCA Walsall Magistrates Kemp G G 18-May-10 Wildlife and Countryside Act (1) 1 RSPCA Walsall Magistrates Kemp G G 18-May-10 Wildlife and Countryside Act (1) 1 RSPCA Walsall Magistrates Kemp G G 18-May-10 Wildlife and Countryside Act (2) 1 RSPCA Walsall Magistrates Kemp G G 24-May-10 Wildlife and Countryside Act (2)(a) 3 RSPCA Telford Magistrates Marsh NG D 24-May-10 Wildlife and Countryside Act (2) 1 RSPCA Telford Magistrates Marsh NG D 11-Jun-10 Control of Trade in Endangered Species (Enforcement) Regulations (1) 6 CPS Norwich Crown Rowland G G 11-Jun-10 Control of Trade in Endangered Species (Enforcement) Regulations (1) 4 CPS Norwich Crown Rowland U D 18-Jun-10 Wildlife and Countryside Act (1)(a) 1 CPS Bedford Magistrates Miah G G 18-Jun-10 Theft Act CPS Bedford Magistrates Miah U D 01-Jul-10 Wildlife and Countryside Act (1)(a) 1 RSPCA Teesside Magistrates Juvenile U G 05-Jul-10 Control of Trade in Endangered Species (Enforcement) Regulations (6) 1 CPS Carlisle Magistrates Miller U G 05-Jul-10 Wildlife and Countryside Act (2)(a) 1 RSPCA Haverfordwest Magistrates Price G G 05-Jul-10 Wildlife and Countryside Act (2)(a) 1 RSPCA Haverfordwest Magistrates 05-Jul-10 Wildlife and Countryside Act (2) 1 RSPCA Haverfordwest Magistrates Price G G Price G G 05-Jul-10 Wildlife and Countryside Act (1) 1 Haverfordwest Magistrates Price D 66

69 me Penalty type Penalty Penalty type 2 Penalty 2 Details Jail 16 weeks imprisonment suspended for 18 months CO 200 hours unpaid work Defendant pleaded guilty to seven charges relating to the trapping and possession of finches. Ordered to pay 900 costs. Jail 6 months (plus three months from previous suspended sentence) 28 days Defendant pleaded guilty to six charges of unlawful trading in bird taxidermy specimens and rhino horn. He received a further three months imprisonment to run consecutively from a previous suspended sentence in 2005 for similar offences. A Serious Crime Prevention Order was issued banning possession or trade in any species controlled under UK or EU law for three years. Jail 12 weeks suspended for 12 months Defendant pleaded guilty to killing a mute swan. Ordered to pay 85 costs. YRO 3 months Fine 300 Fine 400 Defendant convicted of obstructing an Animal Health Wildlife Inspector when trying to undertake an unannounced inspection of birds. Ordered to pay 65 costs. Defendant pleaded guilty to three charges relating to the possession of finches and trapping equipment. 67

70 Appendix VI Wild bird related prosecutions in 2010 Date Act Section Charges Prosecutor Court Surname Plea Outc 07-Jul-10 Wildlife and Countryside Act (1)(a) 2 CPS Nottingham Magistrates Kisiel G G 07-Jul-10 Wildlife and Countryside Act (2) 3 CPS Nottingham Magistrates Kisiel NG G 16-Jul-10 Wildlife and Countryside Act (2)a 3 RSPCA Slough Magistrates Vellas G G 16-Jul-10 Wildlife and Countryside Act (1)(a) 1 RSPCA Slough Magistrates Vellas G G 16-Jul-10 Wildlife and Countryside Act (1)(a) 2 RSPCA Slough Magistrates Vellas G G 16-Jul-10 Wildlife and Countryside Act (1)(b) 3 RSPCA Slough Magistrates Vellas U D 16-Jul-10 Wildlife and Countryside Act (1)(b) 2 RSPCA Slough Magistrates Vellas U D 26-Jul Jul Jul Jul-10 Control of Trade in Endangered Species (Enforcement) Regulations 1997 Customs and Excise Management Act 1979 Control of Trade in Endangered Species (Enforcement) Regulations 1997 Customs and Excise Management Act (1)(f) 4 CPS Coventry Magistrates Dudley G G 1(2)a 2 CPS Coventry Magistrates Dudley G G 5(1)b 2 CPS Coventry Magistrates Dudley U D 18(2) 1 CPS Coventry Magistrates Dudley U D 18-Aug-10 Wildlife and Countryside Act (1)(a) 1 CPS Haverfordwest Magistrates Probert C R G G 18-Aug-10 Wildlife and Countryside Act (2)(a) 1 CPS Haverfordwest Magistrates Probert C R G G 18-Aug-10 Wildlife and Countryside Act (1)(b) 1 CPS Haverfordwest Magistrates Probert C R G G 18-Aug-10 Wildlife and Countryside Act (1)(a) 1 CPS Haverfordwest Magistrates Probert C R G G 18-Aug-10 Wildlife and Countryside Act (2)(a) 1 CPS Haverfordwest Magistrates Probert C R NG D 18-Aug-10 Wildlife and Countryside Act (2)(a) 2 CPS Haverfordwest Magistrates Probert K T G G 18-Aug-10 Wildlife and Countryside Act (2) 1 CPS Haverfordwest Magistrates Probert K T G G 18-Aug-10 Wildlife and Countryside Act (1)(b) 2 CPS Haverfordwest Magistrates Probert K T G G 18-Aug-10 Wildlife and Countryside Act (2)(a) 1 CPS Haverfordwest Magistrates Probert P G G 68

71 ome Penalty type Penalty Penalty type 2 Penalty 2 Details Jail Jail 28 days suspended for 12 months 56 days suspended for 12 months (concurrent) CO 150 hours unpaid work Defendant pleaded guilty to two charges of possessing 35 birds' eggs, including seven woodlark eggs. Defendant found guilty of three charges of possessing items to take and possess birds' eggs, including binoculars, camera equipment, egg-blowing equipment, books, notebooks and climbing equipment. Ordered to pay 300 costs and received a 12-month driving ban. Jail 6 months suspended for two years CO 150 hours unpaid work Defendant pleaded guilty to six charges relating to possession of birds (blackcap, goldfinch, siskin), possession of trapping equipment and attempting to take wild birds. Ordered to pay 7,500 costs and banned from keeping birds for 10 years. Jail Jail 25 weeks suspended for two years Fine 1,000 Defendant pleaded guilty to six charges, two relating to the unlawful importation of skulls of howler monkey and loggerhead turtle. Four charges related to the unlawful trading and offering for sale of the skulls of birds and a primate. Ordered to pay costs of 2,515. CD 2 years Defendant pleaded guilty to four charges relating to the keeping, taking, trapping and selling of finches. Ordered to pay 1,000 costs. CD CD 2 years Defendant pleaded guilty to five charges relating to the possession and trapping of finches and possession of trapping equipment. Ordered to pay 1,000 costs. CD CD 2 years Defendant pleaded guilty to possession of a wild bird. Ordered to pay costs of 1,

72 Appendix VI Wild bird related prosecutions in 2010 Date Act Section Charges Prosecutor Court Surname Plea Outco 19-Aug-10 Customs and Excise Management Act (2)(b) 1 CPS Warwick Crown Lendrum G G 19-Aug-10 Wildlife and Countryside Act (1)(c) 1 CPS Warwick Crown Lendrum G G 19-Aug-10 Wildlife and Countryside Act (2)(b) 1 CPS Warwick Crown Lendrum U D 21-Aug-10 Wildlife and Countryside Act (1)(a) 1 CPS Exeter Magistrates Cook G G 09-Sep-10 Wildlife and Countryside Act (1)(a) 1 CPS Middlesbrough Magistrates Dalton U G 09-Sep-10 Wildlife and Countryside Act (2)(a) 1 CPS Middlesbrough Magistrates Dalton U G 18-Oct-10 Food and Environment Protection Act (12)(a) 2 CPS Snaresbrook Crown Webb G G 18-Oct-10 Theft Act (1) 2 CPS Snaresbrook Crown Webb G G 18-Oct-10 Food and Environment Protection Act (12)(a) 2 CPS Snaresbrook Crown Page G G 18-Oct-10 Theft Act (1) 2 CPS Snaresbrook Crown Page G G 20-Oct-10 Firearms Act (1)(b) 1 CPS Hastings Magistrates Mepham R U G 20-Oct-10 Wildlife and Countryside Act (2)(a) 1 CPS Hastings Magistrates Mepham R U G 20-Oct-10 Wildlife and Countryside Act (1)(b) 4 CPS Hastings Magistrates Mepham R U G 20-Oct-10 Firearms Act (2) 1 CPS Hastings Magistrates Mepham S U G 20-Oct-10 Wildlife and Countryside Act (1)(b) 1 CPS Hastings Magistrates Mepham S U G 20-Oct-10 Wildlife and Countryside Act (2)(a) 1 CPS Hastings Magistrates Mepham S U NG 20-Oct-10 Firearms Act (1)(b) 1 CPS Hastings Magistrates Carley U G 20-Oct-10 Firearms Act (2) 1 CPS Hastings Magistrates Carley U G 20-Oct-10 Wildlife and Countryside Act (2)(a) 1 CPS Hastings Magistrates Carley U G 20-Oct-10 Wildlife and Countryside Act (2)(a) 2 RSPCA Haverfordwest Magistrates Sharpe G G 20-Oct-10 Wildlife and Countryside Act (2) 2 RSPCA Haverfordwest Magistrates Sharpe U D 20-Oct-10 Wildlife and Countryside Act (1) 1 RSPCA Birmingham Magistrates Nasir NG D 22-Oct-10 Wildlife and Countryside Act (1)(b) 1 CPS Brighton Magistrates Bala G G 70

73 me Penalty type Penalty Penalty type 2 Penalty 2 Details Jail 30 months (concurrent). Later reduced on appeal to 18 months. Defendant pleaded guilty to trying to smuggle 14 peregrine eggs out of the UK to Dubai. Believed the eggs were for hatching for birds for the falconry market. Items forfeited included a car, incubators, climbing equipment, binoculars and a telescope. CD CO 6 months 40 hours unpaid work Defendant pleaded guilty to killing a gull. Ordered to pay 85 costs. Jail 4 months Fine 7,000 Jail 4 months Fine 7,000 Defendant was a pest control officer employed by Newham Council. Pleaded guilty to theft of the pesticide bendiocarb from his employer and using the product to poison at least 60 birds and a dog in a public park. Defendant was a pest control officer employed by Newham Council. Pleaded guilty to theft of the pesticide bendiocarb from his employer and using the product to poison at least 60 birds and a dog in a public park. Jail 90 days suspended for 2 years CO 150 hours unpaid work CO 150 hours unpaid work Jail 60 days suspended for 2 years CO 200 hours unpaid work CD 2 years Defendant pleaded guilty to two charges of possessing finches. Ordered to pay 250 costs. CD 12 months Defendant pleaded guilty to destroying an active herring gull nest. Ordered to pay 280 costs. 71

74 Appendix VI Wild bird related prosecutions in 2010 Date Act Section Charges Prosecutor Court Surname Plea Outco 05-Nov-10 Control of Trade in Endangered 8(1) 2 CPS Torquay Magistrates Hill NG G Species (Enforcement) Regulations Nov-10 Wildlife and Countryside Act (1) 3 CPS Torquay Magistrates Hill NG G 05-Nov-10 Wildlife and Countryside Act (1) 1 CPS Torquay Magistrates Hill NG NG 05-Nov-10 Wildlife and Countryside Act XB(2) 1 CPS Torquay Magistrates Hill NG D 08-Nov-10 Firearms Act (1)(a) 1 RSPCA Exeter Magistrates Steven G G 17-Nov-10 Wildlife and Countryside Act (1)(a) 1 Fiscal Lanark Sheriff Whitham G G 17-Nov-10 Wildlife and Countryside Act A 1 Fiscal Lanark Sheriff Whitham NG NG 19-Nov-10 Wildlife and Countryside Act (2)(a) 2 CPS Barnsley Magistrates Fay U G 22-Nov-10 Control of Trade in Endangered Species (Enforcement) Regulations (2) 3 CPS Birmingham Crown McDonagh G G 22-Nov-10 Customs and Excise Management Act (2)(b) 1 CPS Birmingham Crown McDonagh G G 22-Nov-10 Wildlife and Countryside Act (2)(a) 2 RSPCA Telford Magistrates Childs G G 22-Nov-10 Wildlife and Countryside Act (2) 1 RSPCA Telford Magistrates Childs G G 23-Nov-10 Wildlife and Countryside Act (1)(a) 1 RSPCA Hereford Magistrates Juvenile G G 29-Nov-10 Wildlife and Countryside Act (2)(a) 1 RSPCA Nuneaton Magistrates Willoughby G G 29-Nov-10 Wildlife and Countryside Act (2) 1 RSPCA Nuneaton Magistrates Willoughby G G 16-Dec-10 Wildlife and Countryside Act (2)(a) 4 RSPCA Southend-on-Sea Magistrates 16-Dec-10 Wildlife and Countryside Act (2) 1 RSPCA Southend-on-Sea Magistrates 16-Dec-10 Wildlife and Countryside Act (2)(a) 4 RSPCA Southend-on-Sea Magistrates 16-Dec-10 Wildlife and Countryside Act (2) 1 RSPCA Southend-on-Sea Magistrates Broomfield G NG G Broomfield G NG G Broomfield G U D Broomfield G U D Key to Appendix VI CD CO D G NG Conditional Discharge Community Order Discontinued Guilty Not Guilty NP NSP TIC U YRO Not Proven No Separate Penalty Taken Into Consideration Unknown Youth Referral Order 72

75 me Penalty type Penalty Penalty type 2 Penalty 2 Details CO 300 hours unpaid work Defendant found guilty of three charges relating to possession of unregistered goshawks and two charges of unlawful sale. Ordered to pay 5,580 costs. CD 6 months Defendant pleaded guilty to killing a wild bird. Fine 800 Defendant pleaded guilty to putting out a poisoned bait using the banned pesticide carbofuran. CD 12 months Defendant convicted of unlawful possession of two kestrels. Jail 10 months suspended for 2 years CO 150 hours unpaid work Defendant pleaded guilty to unlawful import of 21 predominantly African raptors and three charges of selling a number of Annex B raptors. Ordered to pay 1,000 costs. Jail Fine 405 Defendant pleaded guilty to two charges of possessing wild birds and one charge of possessing items to commit offences. Ordered to pay 500 costs. YRO 6 months Defendant pleaded guilty to injuring a wild bird. Ordered to pay 200 costs. CO CO 200 hours unpaid work and 1 year supervision order 100 hours unpaid work Defendant pleaded guilty to possessing goldfinches and possessing trapping equipment. Fine 700 Defendant convicted of four charges of possessing wild birds and one charge of possessing items to commit offences. Ordered to pay 2,500 costs. 73

76 The RSPB speaks out for birds and wildlife, tackling the problems that threaten our environment. Nature is amazing help us keep it that way. Cover image: goshawk by Stig Frode Olsen The RSPB is part of 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 , Scotland no. SC