LEGAL EAGLE THE RSPB S INVESTIGATIONS NEWSLETTER. Jail for evil wildlife campaign

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1 a million voices for LEGAL EAGLE THE RSPB S INVESTIGATIONS NEWSLETTER nature OCTOBER 2008 No 56 Mark Thomas (RSPB) with over 7,000 eggs seized from Pearson. Jail for evil wildlife campaign On 1 April 2008, after almost two years of court appearances, Richard Pearson of Phelps Place, Cleethorpes, Lincolnshire, appeared at Skegness Magistrates Court and pleaded guilty to five charges under the Wildlife and Countryside Act These related to the possession of 7,130 eggs, including 653 eggs from Schedule 1 species, and three specimen charges relating to the taking of chough and peregrine eggs from Anglesey and barn owl eggs from Lincolnshire during He was sentenced to 23 weeks imprisonment with 1,500 costs. On November , following intelligence received by Lincolnshire Police, a Wildlife and Countryside Act search warrant was executed at Pearson s home. Officers from the Lincolnshire Police and the RSPB discovered over 7,000 birds eggs and a large amount of egg-collecting paraphernalia. Richard Pearson was arrested, and claimed during interview that the eggs were given to him by the late Colin Watson, a notorious egg collector who fell to his death whilst inspecting a sparrowhawk nest in A detailed analysis of the collection by the RSPB found it to contain wild bird eggs from Schedule 1 listed species including honey buzzards, Montagu s harriers, ospreys, red kites, red-necked phalaropes, red-backed shrikes, dotterels, greenshanks, stone-curlews and choughs. This represented the largest collection of wild bird eggs found in the last decade. The collection also contained large numbers of eggs of individual species, including 25 clutches of little ringed plover eggs, 15 clutches of red-backed shrike eggs, eight 3 IN THIS ISSUE: Peregrine trapping carnage Stinging fines for bee killer SNH report confirms threat to golden eagles Peregrine robbery highlights deregistration issue New General Licences issued in Scotland

2 4 clutches of peregrine eggs, seven clutches of chough eggs and 96 clutches of reed warbler eggs. Analysis of several diaries found at the house indicated that, contrary to his initial explanation, many of the eggs had been taken by Pearson over the previous 15 years, although a small number were illegally taken by Colin Watson as well as other collectors. It was clear that Pearson had taken thousands of eggs in Lincolnshire, including several clutches of black-necked grebe eggs and barn owl eggs. A number of dead birds, including Montagu s harriers, honey buzzards and various Mediterranean bird species, many of which showed signs of having been shot, were also found in a freezer at Pearson s home. Pearson later signed a disclaimer for these specimens as well as a wide variety of egg collecting equipment and documentation. When sentencing Pearson, District Judge Richard Blake said, You have carefully organised and executed an evil campaign against wildlife. Word must go out from this court to deal with the perverted activity of those who seize eggs in lust for ownership. You have threatened the fragile heritage of the wildlife of this island, preying on the rarest of birds. He also gave particular thanks to WCO PC Nigel Lound and Mark Thomas (RSPB) for their efforts with this complex case. The RSPB wishes to thank WCOs PC Nigel Lound, PC Nick Willey and PC Stuart Carmichael, barrister David Outterside, Clova Townhill and the RSPB staff of St Martins for their help with this case. PROSECUTIONS Pet shop conviction WCO Sergeant Louise Hubble reports on a successful COTES conviction: On 22 April 2008, Dawn Clarke, the owner of the Ringwood pet shop, appeared at Lyndhurst Magistrates Court. Following trial, she was convicted of four COTES offences for the sale, keeping for sale and offering for sale Hermann s tortoises, and the keeping for sale of a Dumeril s boa. Both of these species are listed on Annex A of the EU CITES Regulations. Clarke was fined 250 on each offence, and ordered to pay 450 costs. The pet shop has since closed down. In May 2007, reports were received from the National Wildlife Crime Unit and Animal Health (Defra), indicating that Ringwood pet shop, Hampshire, was selling Hermann s tortoises without Article 10 Certificates (A10s). I obtained statements from witnesses who had visited the shop and either purchased or been offered tortoises. On 26 May 2007, accompanied by another WCO and Defra Wildlife Inspector, Rob Quest, I attended at Ringwood Pets. Clarke was arrested on suspicion of unlawful sale of Annex A specimens, and the premises searched. Four tortoises (three Hermann s and one Horsfield s) were located in vivariums and advertised for sale, together with a pair of Dumeril s boa constrictors. Clarke was unable to produce an A10 for one of the Hermann s tortoises. She stated it was one of twelve that her father had bred, and the other eleven had already been sold. She produced A10s for the Dumeril s boas, which contained details of microchips identifying the snakes, though an examination failed to locate these. Enquiries revealed that A10s had been issued originally with a condition that the boas were to be micro-chipped before they were 12 months old (in 2000). These A10s had been returned to Defra, together Hampshire Police with microchip details, and new A10s were issued containing the relevant identification information. However, the boas had actually never been micro-chipped and were therefore unidentifiable. Clarke was subsequently interviewed at Lyndhurst Police Station where she denied any involvement in criminal activity, offering mitigation that Defra paperwork was too confusing to understand. I would like to thank Rob Quest and Animal Health for their help and assistance with this case. A Hermann s tortoise from the Ringwood pet shop.

3 Larsen trap conviction On 19 May 2008, Wyndham Morgan, a farmer and part-time gamekeeper of Maes-Y-Beran Farm, Abergavenny, appeared at Cwmbran Magistrates Court in Gwent. He pleaded guilty to two offences under the Wildlife and Countryside Act 1981 in relation to the unlawful use of a Larsen trap and the confinement of two pigeons. He received a 12 month conditional discharge and was ordered to pay 100 costs. On 23 August 2007, a member of the public reported a Larsen trap set inside a pheasant release pen containing two pigeons in the decoy compartment. There have been a number of cases where cage traps have been illegally baited with live pigeons to catch birds of prey (see Legal Eagle 55). The General Licence, which allows the use of Larsen traps to control corvids, specifically excludes the use of birds such as pigeons being used as a decoy. The police were contacted, and Gwent Police, assisted by Sgt Ian Guildford from South Wales Police and the RSPB, visited the scene and found the trap was still present. Morgan, who ran a private pheasant shoot, was later interviewed and denied trying to catch birds of prey. At court, following the guilty plea, a Newton hearing (a mini trial to determine the gravity of the offence) took place. The court stated that they were not satisfied beyond reasonable doubt that Morgan was intending to catch birds of prey, and sentenced I West I West (RSPB) (RSPB) him on the basis of a breach of the General Licence conditions. His defence also told the court that because of this conviction, some of Morgan s Single Farm Payment would be withheld by the Rural Payments Agency. The RSPB would like to thank Mr Hughes, who reported the incident, Sgt Ian Guildford and the CPS for their assistance with this case. Larsen trap used by Morgan baited with two pigeons. The day of the dolphin WCO Acting Sergeant Andrew Small of Kent Police reports on the first English prosecution involving reckless disturbance of a dolphin: On 16 April 2008, Daniel Buck from Church Road, Folkestone, and Michael Jukes from Castle Hill Avenue, Folkestone, were found guilty of disturbing a dolphin. They were each ordered to complete 120 hours work in the community and ordered to pay 350 costs. In the spring and summer of 2007, a solitary bottlenose dolphin appeared on the Kent coast near Hythe, which attracted numerous visitors to the area. The dolphin was called Dave, although it was a female. With more visitors, Dave s inquisitiveness increased, and more individuals were taking to the water to interact with her. The Wildlife and Countryside Act 1981 was amended to include specific offences of reckless or intentional disturbance of cetaceans. It was possible that this was not widely known, so public information signs were placed in the area, and media coverage indicated that the dolphin was protected by law from disturbance. At 5 am on 9 June 2007, Buck and Jukes were returning from an all night party and decided to strip off and wade into the sea to swim with Dave. Local residents saw them trying to lift the animal out of the water and holding onto the dorsal fin. The police were called, and they arrested Buck and Jukes, who were subsequently charged with recklessly disturbing the dolphin. I engaged the help of marine groups, including the Whale and Dolphin Conservation Society and the British Divers Marine Life Rescue, to provide expert evidence on the case and provide a wider overview of relevant marine issues. I was very pleased with the decision of the court. Considerable efforts had been made to educate the public on what was acceptable behaviour, and this clearly breached those guidelines. I would like to thank all marine conservation groups that assisted in this case, as without their efforts this may not have resulted in such a satisfactory outcome. I hope that this will set a precedent that will protect marine cetaceans in the future.

4 Illegal ivory trader captured under Operation Charm A lengthy investigation by the Metropolitan Police Wildlife Crime Unit, involving enquiries in China, Latvia and the United States, has led to the conviction of a man for illegal trading in ivory. On 13 June 2008, Michael Francis Elliott of Gravesend in Kent appeared for sentencing at Southwark Crown Court where he had earlier pleaded guilty to seven offences contrary to the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (COTES). These related to the illegal trade in elephant ivory, hippopotamus ivory and sperm whale teeth. He received a two year suspended sentence. Four further charges were ordered to lie on file. Prosecution costs of 1,480 were awarded against him and all of the ivory was subject to forfeiture. In January 2005, a warrant was executed at Elliott s home, during which 24 elephant tusks were recovered. A further warrant was executed in March 2005 at the same address, this time leading to a haul of carved hippo ivory figures, elephant ivory and sperm whale teeth. Detective Sergeant Ian Knox, who led the enquiry, estimated the value of the ivory seized to be around 70,000. In sentencing, His Honour Judge Gledhill QC commented that since time immemorial, man had collected art made from animal parts and that the effect of that human activity has been to cause extinction and in other cases pushed species to the verge of extinction. He also noted that since Elliott s arrest, the maximum penalty had increased from two to five years imprisonment and that this was due to the trade pushing species to the brink of extinction. He commended two officers, and described the Wildlife Crime Unit as extremely valuable and a credit to the Metropolitan Police. DC David Flint of the Met s Wildlife Crime Unit said, This case has shown that there is still a high demand for ivory and ivory products. This demand outstrips the ivory available lawfully and encourages poachers in the range states to kill endangered species. This is to the detriment of us all and threatens the species very survival. It also destroys people s livelihoods and helps to fund organised crime, insurgencies and terrorism. At a previous uncontested hearing, Michael Elliott forfeited 34,000 cash under the Proceeds of Crime Act. This money was found during the second search of Mr Elliott s home. The Wildlife Crime Unit would like to acknowledge the efforts of John Elliott CPS and Prosecuting Counsel, Rosa Dean. This case is the latest under Operation Charm, an initiative against the illegal Metropolitan Police trade in endangered species in London. Operation Charm is a partnership between the Metropolitan Police Service, The Greater London Authority, and the international wildlife conservation groups WWF, The International Fund for Animal Welfare, The Active Conservation Awareness Programme (ACAP) and The David Shepherd Wildlife Foundation. The launch of Operation Charm in 1995 has led to the seizure of more than 30,000 endangered species items, as well as a series of initiatives to increase public awareness and reduce consumer demand. For more information about Operation Charm, visit The carved ivory seized from Elliott s home.

5 Not as sweet as honey Andy McWilliam (NWCU) On 2 July 2008, Mark King of Simonswood Lane, Kirkby, appeared at Knowsley Magistrates Court, where he pleaded guilty to possessing a wild common buzzard. Magistrates imposed a six-week curfew order (King was tagged and had to remain at his home address between 10 pm and 7 am) and he was ordered to pay 100 costs. Information was received that King was in possession of a honey buzzard. Honey buzzards are a rare breeding wild bird in the UK and are extremely rare in captivity. They are included on Schedule 4 and therefore must be registered. However, Animal Health had no record of this species registered to King or the address. On 13 November 2007, WCO PC Steve Harris of the Merseyside Police, assisted by the NWCU, executed a search warrant at the address. King readily admitted that he had a honey buzzard and showed the officers the bird, which was kept in a garden shed. He claimed to have found it in nearby woods about six months earlier. However, the bird that King had in his possession was immediately identified as a common buzzard. It was not ringed. After being arrested, King told the officers that he genuinely believed that the bird was a honey buzzard. He admitted that the bird was actually a wild bird and that he had fitted the bird with anklets and jesses and was training the bird so he could fly it. He stated he had no intention of releasing the bird and that he had always intended to keep it for himself. The buzzard is due to be released back to the wild following a rehabilitation programme. The buzzard that was seized from King. Stinging fines for bee killer On 12 March 2008 at Sheffield Magistrates Court, Mr John Allison pleaded guilty to four offences of not taking all reasonable precautions in using an insecticide containing bendiocarb. He was fined 200 for each offence and a further 200 towards costs. The case was investigated under the Wildlife Incident Investigation Scheme (WIIS) by Defra and Natural England following the discovery of thousands of dead bees by a beekeeper. Analysis of the dead bees showed they had died from exposure to bendiocarb. Mr Allison had used Ficam D, an insecticide containing bendiocarb, to kill feral bees nesting in a tree. However, he had not notified local beekeepers about the planned application, and bees belonging to local beekeepers had accessed the treated area and died. The court was told that the manner of the operation was a good example of how not to carry out a pest control treatment. In particular, Mr Allison had received no training, had not carried out a risk assessment, did not wear Personal Protective Equipment (PPE) and used the wrong application method during windy conditions. As a consequence, the product was blown into the surrounding area and all over Mr Allison. It is the legal duty of anyone using pesticides in the course of their business to be trained in safe use, including preventing risks of non-target creatures, and preventing exposure of humans. G Shorrock (RSPB)

6 Finch trapper caught red-handed WCO PC Graham Bilton reports on a recent finch trapping case: PC Graham Bilton with seized chardonneret trap. N Yorks Police On 28 April 2008, James Vincent from New Road, Hatfield Peveril, Essex, appeared at Scarborough Magistrates Court where he pleaded guilty to attempting to take a linnet and possession of trapping equipment. He was fined a total of 250, ordered to pay costs of 43 and had a chardonneret cage trap forfeited. On Tuesday 15 April 2008, I was on patrol when I came across Vincent parked in a lay-by near to Snainton, North Yorkshire. I noticed there was a ladder leaning against a nearby tree, leading to a small green twinchambered chardonneret cage trap. The trap was set and contained a linnet mule (a hybrid) that was being used as a call bird. Vincent was arrested and interviewed in relation to offences under the Wildlife and Countryside Act He described himself as a Romany Gypsy, travelling around the country, but spending the majority of the summer months in the North Yorkshire area. He stated he had recently bought the linnet mule, and admitted using it to try to catch wild linnets. The linnet is a small finch that was once a popular cage bird. The species is now in decline, mainly due to loss of farmland habitat. It is currently red listed, as the population has substantially declined in the last 25 years. NEWS Filey fishery fiasco Since 2006, there have been growing concerns about the number of auks being caught and drowned as bycatch in nets operated from a small salmon and sea trout fishery in Filey Bay, North Yorkshire. In 2007, numbers reportedly involved several hundred birds, many of which were washed up on the public beach, presumably after being drowned in nets. The bycatch peak appeared to occur in late June and involved more razorbills than guillemots. In 2008, the Environment Agency (EA) set up a voluntary agreement with the fishery and imposed a bycatch threshold. Once this threshold was exceeded, the fishery would be subject to a suspension for two weeks. In June 2008, faced with the same concerns, RSPB Investigations covertly filmed the fishery over a two-day period. Many hours of continual filming showed that fishermen were getting high levels of auk bycatch in their offshore nets, mostly razorbills. Furthermore, they were not complying with the voluntary agreement to report levels of auk bycatch to EA. On 3 July 2008, the fishery re-opened with new safeguards put in place, which appear to have reduced bycatch levels considerably. Hopefully, careful monitoring will ensure bycatch remains at an acceptable level. Mike Lane (rspb-images.com) Large numbers of razorbills were caught in fishing nets in Filey Bay. Apart from showing that some fishermen were significantly exceeding the agreed threshold for the entire fishery, the filming uncovered distressing scenes in which entangled live birds were left in the nets while salmon were removed and taken back to the shore. The following day, the filmed evidence was presented to EA and Natural England who jointly decided to close the fishery for 14 days with immediate effect. The RSPB evidence has also been passed to North Yorkshire Police and RSPCA for consideration of any criminal action.

7 New Scottish wildlife report published In 2007, there was high profile publicity following the poisoning of a golden eagle in the Scottish Borders (see Legal Eagle 54). This led to a debate in the Scottish Parliament on 4 October 2007 about wildlife crime. Following this, a joint thematic inspection report on wildlife crime was published on 16 April 2008 by Her Majesty s Inspectorate of Constabulary Scotland (HMICS) and the Inspectorate of Prosecution in Scotland. The report, Natural Justice: A joint thematic inspection of the arrangements in Scotland for preventing, investigating and prosecuting wildlife crime, can be viewed at Resource/Doc/218661/ pdf This report highlights the need for a clear wildlife crime reduction strategy from the Scottish Government and for an inclusive national partnership structure to take this forward. The recommendations include: that the Association of Chief Police Officers in Scotland (ACPOS) develops and implements a minimum standard of investigation to ensure that wildlife crime is thoroughly investigated throughout Scotland and the skills of supporting agencies are appropriately used that each Scottish police force designates a lead senior officer to oversee wildlife crime issues and progress them locally that each police force in Scotland has a full-time wildlife crime co-ordinator to act as a focal point for investigations and partnership working that there is full implementation of the stated specialist wildlife prosecutor role within the Crown Office and Procurator Fiscal Service. Her Majesty s Chief Inspector of Constabulary, Paddy Tomkins, said, During this inspection we have seen good practice in forces such as Grampian and Tayside that provide a sound foundation from which a strong and resilient structure right across Scotland can be built. Wildlife crime detracts from one of Scotland s greatest assets its natural and national heritage. This review confirms that the public indignation that such crimes create deserves and can be met with a professional and effective level of response from enforcement agencies. Michael Russell MSP, Scotland s Minister for Environment, said, Of course, a crime against Scotland s rich and unique natural heritage is a crime against Scotland itself, be it poisoning a bird of prey or badger baiting. We must be absolutely clear that the abuse of wildlife is a crime, and it is a crime that the Scottish public will no longer tolerate. It will be dealt with using all the professional expertise of the law enforcement and prosecution services, and I am confident that we will start to see some significant results in the fight against wildlife crime. RSPB launches campaign to tackle raptor killers The RSPB has launched a campaign to stamp out the illegal killing of the UK s birds of prey. Although birds of prey are recovering across much of the country following the effects of destruction and the impacts of DDT-type pesticides, illegal killing is still limiting populations in large areas. These black holes, where birds of prey are absent or artificially low in number, are mainly associated with upland grouse shooting estates. This continues to affect species such as hen harriers and golden eagles. The RSPB is challenging landowners and managers to help boost the number of English nesting hen harriers to 40 by 2010, with half of these on grouse moors. The RSPB s Conservation Director, Dr Mark Avery, said, The successful return of the buzzard and red kite to our skies is a wonderful testament to land managers and conservationists working together. Against this background, it s an outrage that a minority continue to break the law and deprive the nation of some of our most charismatic wildlife. The birds of prey campaign was launched in Scotland on 25 June at Cammo Park, Edinburgh. Environment Minister, Michael Russell MSP, and representatives from conservation organisations, government agencies, landowning bodies and rural groups came together to call for the end to the illegal killing. Michael Russell MSP said, Birds of prey are among Scotland s finest natural assets and I welcome any action to ensure that remains the case. Recent reports of the illegal killing of raptors have been very disturbing, and the pledge I am signing today will be an important means of protecting these wonderful species. The killing of birds of prey is notoriously hard to police as crimes are often carried out in remote areas. The Thematic Review of Wildlife Crime in Scotland concluded that a national wildlife crime reduction strategy should be established to help tackle the problem. The RSPB is calling for similar measures across the rest of the UK. For more information, or to add your voice to this campaign, visit

8 S Harris Steve moves on Steve Harris with Eric the owl. PC Steve Harris, Merseyside Police WCO, has retired after 30 years of Police Service. He was appointed assistant WCO in 2001 and was actively involved in several high profile cases. Steve worked as a Detective on the Child Protection Unit, and much of his wildlife work was carried out in his own time. Steve s commitment to wildlife crime was acknowledged in 2005 when he was commended by his Chief Constable. In July 2006, following the retirement of his predecessor, Andy McWilliam, Steve was appointed as the full-time Force WCO. Steve continued to show a high level of commitment, bringing offenders to court for a wide range of wildlife crimes. He continues to be actively involved with the Wirral Barn Owl Trust. Steve will be a sad loss to the WCO network and we wish him well for the future. Merseyside has always been a busy area for wildlife crime and the RSPB hopes a replacement full-time WCO will be found soon. Peregrine trapping carnage A concerted campaign against peregrines has started in the West Midlands. Information received by police and the RSPB has suggested that individuals from the local pigeon fancying community are involved. A reward of 1,000 has been offered for information leading to the conviction of anybody involved. On 22 May 2008, following reports from members of the public, RSPB Investigations Officers accessed a peregrine nest site near Dudley in the West Midlands. Two spring traps were recovered from the nest ledge. These had clearly been set illegally in an attempt to trap the parent birds. Though this appeared to have been unsuccessful, two damaged peregrine eggs meant the breeding attempt had failed. razorbill On the same day, a licensed volunteer was checking a peregrine nest site near Cannock, Staffordshire, and discovered an adult male peregrine caught in a spring trap. The bird was rescued, but was found to have developed gangrene and had to be euthanised. A further four set spring traps were recovered from the nest site, one of which contained blood and feathers, and the female parent is believed to have been killed. Two orphan peregrine chicks were rescued from the site and passed to the care of Raptor Rescue, who held the birds for a couple of weeks whilst attempts were made to find suitable wild foster nest sites. traps and a quantity of drugs were recovered. One man was cautioned in relation to finch trapping offences and police enquires into other matters are continuing. The RSPB would like to thank the local volunteers, Raptor Rescue, PC Ellie Sewell and other officers from Staffordshire and West Midlands Police. Dave Bromley On 5 June 2008, RSPB staff, with the help of a number of licensed volunteers, placed the peregrine chicks into two nests sites in Shropshire. Both of these sites contained two chicks of similar ages meaning the parents were capable of providing sufficient food for the extra arrival. Thankfully, both chicks fledged, and it is believed that this is the first time in England that peregrine chicks have been successfully fostered into wild nests. On 23 June, four addresses were raided in an operation involving the West Midlands and Staffordshire Police supported by the RSPB. Two goldfinches, chardonneret This peregrine, caught in a spring trap, had to be euthanised.

9 Golden eagle Mike Lane (rspb-images.com) SNH report confirms persecution threat to golden eagles A newly published Scottish Natural Heritage (SNH) report has confirmed that some parts of Scotland no longer have viable populations of golden eagles despite the ideal habitat. It concludes that there is clear evidence of decline in areas where there still appears to be use of illegal poisoned baits. The report found that only three out of 16 regions, all in western Scotland, had golden eagle populations that were stable or expanding, or that occupied the existing suitable habitat. The most serious problems were in the central and eastern Highlands, where less than half of all known territories were occupied, and the existing populations continued to decline. Based on the numbers of young golden eagles produced by the remaining pairs, the populations in these regions should be expanding markedly. The main land use in these regions is grouse moor management. These results are consistent with several other studies showing that eagles have been subjected to illegal killing. The report looked at ten factors ranging from grazing by sheep, which might reduce habitat important for prey species, to wind farms. Results showed that illegal killing was the most severe constraint, and incidents were more common where grouse moor management predominated. This reduced adult survival and constrained natural distribution across ideal breeding habitat. It also caused a reduction in the overall productivity of the population and an increase in the number of vacant territories. These empty areas probably become ecological traps, attracting dispersing immature birds from safe areas. Environment Minister Michael Russell MSP said, The golden eagle is a magnificent bird of prey and a key species for Scotland and I find this evidence of its decline deeply disturbing. This is a timely report, with tackling crimes against our wildlife firmly on my and Scotland s agenda. In addition, the report, alas, gives scientific proof, if further proof was needed, that the illegal use of poisoned baits continues to blight our country. I want SNH to continue working with other bodies, including the police and land managers, to stamp out this illegal killing. We should all get the chance to see golden eagles in the wild. The report, A Conservation Framework for Golden Eagles: Implications for their Conservation and Management in Scotland, was produced in partnership with other members of the Scottish Raptor Monitoring Scheme: Scottish Raptor Study Groups, Rare Breeding Birds Panel, RSPB Scotland, BTO Scotland and the Joint Nature Conservation Committee. The report is available from the SNH website. Visit for more details.

10 Spring-over traps illegal in Scotland A court case and changes in Scottish General Licences have now clarified the position concerning spring-over traps. In February 2006, two Tayside WCOs attended an estate near Aberfeldy and found a spring-over trap containing a live buzzard and a dead pigeon bait. The buzzard was released unharmed. A local gamekeeper was interviewed, and he admitted the trap was his, stating it was for catching crows and that he thought it was legal. Buzzard caught in a spring-over trap. He admitted catching buzzards before and said that they were released. He was charged with intentionally or recklessly taking a wild bird under Section 1(1)(a) of the WCA. A charge under Section 5 was later dropped. On 1 May 2007 at Perth Sheriff Court, arguments centred on the legality of the trap and what bearing this had on the intentions of the accused. Crown witnesses stated that in their opinion, such a trap was intended to catch birds Tayside Police of prey and was illegal. Defence experts maintained that the trap was legal. The Crown suggested that the legality of the trap was relevant as this would influence the state of mind of the accused, and the fact that he intended to catch crows was not significant. There was clear evidence they were used for birds of prey, not crows, and the accused had admitted previously catching buzzards, which he claimed he had released. He was using a trap of dubious legality and at a minimum this was reckless. The Defence maintained that the accused, and others, believed this was a legal trap for crows and argued the Crown had not proved recklessness. The Sheriff found the case Not proven. He concluded the accused was entitled to take crows under the General Licence, that this trap could possibly be defined as a net and the argument that it was more likely to catch buzzards was not satisfied beyond reasonable doubt. Such debates should no longer be necessary as from 1 April 2008, the new Scottish General Licences included the specific provision this licence does not permit the use of any form of spring-over trap. England and Wales still waiting for possession controls on pesticides Illegal, indiscriminate poisoning remains a major hazard for many protected species of birds, other wildlife and companion animals in the UK. It is eight years since the UK Raptor Working Group made a number of recommendations, including a need for tighter regulation of possession of pesticides. Defra carried out a pre-consultation exercise recently on the listing of prescribed ingredients on an Order under section 43(1) of the Natural Environment and Rural Communities Act This would make it an offence to be in possession of substances containing ingredients on the list without a legitimate reason. The ingredients include substances most commonly used in wildlife poisoning offences and other products regularly found during these investigations (such as gassing compounds), which pose a particular risk to human health. Similar legislation in Scotland, in place since 2005, demonstrates the effectiveness of possession controls as an enforcement tool. There were seven pesticide convictions in 2006 and 2007, twice the average number in each of the previous five years. The RSPB believes the introduction of such controls in England and Wales should enable the authorities to bring greater enforcement pressure to bear on those involved in the abuse of pesticides as part of an overall strategy to reduce illegal wildlife poisoning. We hope the consultation process will now continue without further delay, so that effective possession controls are in place as soon as possible.

11 HMRC Some of the live leopard tortoises seized at Heathrow. Recent customs seizures Guy Clarke of the HMRC CITES Enforcement Team reports on some recent seizures of CITES Appendix II specimens (Annex B of EU Regulations): In June 2008, a shipment of 400 live leopard tortoises (Stigmochelys pardalis) was examined at London Heathrow Airport. The inspection revealed discrepancies between the size limits specified by the Zambian CITES Management Authority on the CITES export permit and a large number of the specimens in the shipment. In total, 111 tortoises were seized. These captive bred F2 specimens appeared to be younger than stated, very light in weight and in one case showed predation markings on the carapace. The remainder of the shipment was released. In July 2008, a shipment of live reptiles in transit from Ghana to Japan was inspected at London Heathrow Airport. Two species Saharan spiny-tailed lizards (Uromastyx geyri) and Bell s hinged-backed tortoises (Kinixys belliana) showed cause for concern. The lizards were claimed to have originated in Niger and remained with the Ghanaian trader for nearly 18 months before being exported in this shipment. The examination revealed over half the specimens were found to be juveniles that were approximately six months old, therefore they could not be the specimens originally shipped from Niger. condition, as there were some with ticks and some with no feet. In addition, a number of carapaces were found to have predation marks and others were found with drill holes, a practice normally associated with collection from the wild. Often a small hole is put in the carapace and either a matchstick is placed in the hole to stop the head emerging or string is attached so the specimen s movement can be restricted. In addition, there would be no commercial reason to keep these specimens for so long prior to international sale. In total, 98 lizards and 100 tortoises were seized from the shipment. HMRC The differences in size of spiny-tailed lizards showed some were less than six months old. According to the CITES export permit, the Bell s hinged-backed tortoises were ranched stock originating in Benin and had been held in Ghana for over a year. The examination revealed the specimens to be in poor

12 Chris Kerr moves on Alan Roberts pays tribute to the hard work of Chris Kerr, recently retired from the head of the National Wildlife Crime Unit (NWCU): When Chris started as Head of the new National Wildlife Crime Intelligence Unit (NWCIU), I wonder if he had any idea that his name would become synonymous with UK wildlife crime enforcement throughout the world. At this time, the police was changing, including adoption of the National Intelligence Model. As part of NCIS, NWCIU had to operate this way. This was fine, but not all parts of the WCO network, or non-police agencies they worked with, were using the same system. Chris needed to standardise the system, and make greater inroads into serious wildlife crime. Chris is not one to mince words, and upsetting one or two apple carts was necessary. In today s police, if it is not recorded, it doesn t exist. Chris went to meetings with handfuls of intelligence logs, challenging everyone to submit at least one. The Unit was a great success, setting the standard for modern wildlife crime investigation and becoming the conduit for national and international enquiries. Chris was commended by the head of NCIS for creating a baseline assessment to give the WCO network credibility. When NCIS became SOCA, Chris had another challenge. He had a world leading Unit, but with no staff or place of work! The current National Wildlife Crime Unit (NWCU) was the response to that challenge. Chris s achievements include the introduction of a tasking process and strategic assessment, providing evidence for the international debate and leading to involvement in wildlife crime programmes in the EU, and as far away as India. However, probably the biggest battle was for the existence of the Unit, as funding became a serious problem. In typical style, Chris banged on the doors of UK Ministers telling them exactly why they should give their support and using the hard work put into the strategic assessment to win his argument. With funding now secure for the next few years, Chris has decided to step down. Chris has never sought fame and fortune. All the long hours sitting in a North Berwick flat, straight off a 70s TV set, working into the night before dashing off to another meeting are testament to his absolute commitment to the future of wildlife law enforcement in the UK. Many in wildlife law enforcement are probably not aware they now have a more secure future because of Chris. Chris will be a hard act to follow and the NWCU would like to express their thanks for all his efforts. RSPB comment: The RSPB would also like to thank Chris for all his hard work and dedication over the years. We look forward to working with his replacement, Lothian and Borders Detective Inspector Brian Stuart, as the new Head of the Unit. Brian said, It is a tremendous privilege to take on this very challenging position. I understand the commitment of my predecessor Chris Kerr, who is well known in the Wildlife Community and hope to emulate his drive and determination at highlighting the issues of Wildlife Crime in the months and years ahead. Chris Kerr getting some fresh air after his hard work with the NWCU. C Kerr

13 New General Licences issued in Scotland WCO Alan Stewart of Tayside Police reports on the implications of new conditions on General Licences: On 1 April 2008, new General Licences were issued by the Scottish Government. The police were involved in the consultation and put forward certain recommendations likely to prevent the misuse of cage traps and Larsen traps. One non-police recommendation gave me some initial cause for concern. This required every trap to display a code supplied by the police, along with a relevant police contact telephone number. Although this was extra work for trap users, it was considerably more work for the police. However, provided it was administered properly, I began to see some mileage in this idea. An advantage in a smaller country like Scotland is that the main WCOs from each of the eight forces meet quarterly. We decided we needed a single point of contact in each force, and this contact list was published on the Scottish Government website and on websites run by gamekeeping and landowning organisations. In Tayside, I have now issued 142 codes with not a single complaint. In effect, this is a two-minute job, but it invariably takes 10 to 20 minutes, since it was clear through speaking to some of the customers that they had never read a general licence and in one or two cases had never heard of them! This is despite one of the new conditions being that the operator has read and understood the licence. The appropriate licences are ed or posted out to remedy this. Hopefully, we should now have a far more professional group of people operating cage traps, with traps less likely to be interfered with when a police contact number is displayed. Full details of all the new Scottish General Licences can be found at: environment/wildlife-habitats/ 16330/general-licences Red kite shot in East Yorkshire Battleflats Vets On 29 May 2008, a live red kite was found in a bedraggled state on the floor of a wood on a shooting estate, near South Dalton, Humberside. The bird was wing tagged, and had originated from Northamptonshire in The red kite was passed to Jean Thorpe of Ryedale Rehabilitation, and initially appeared to be recovering well. However, things were not progressing as hoped and the bird was taken to Battleflats Vets, Stamford Bridge, later that week. An x-ray revealed eight shotgun pellets in the bird, and a broken left wing. The vet believed the bird would have been unable to fly any distance once these injuries were sustained. On 21 June, following treatment, the red kite was released near to where it was found and it flew off strongly. It has been sighted on several occasions since and appears to be doing well. In 2007, a dead red kite was found near to this location and analysis confirmed it had been poisoned. It was also apparent that this bird had been previously shot, though had survived this incident. The Humberside Police are continuing with local enquiries. An x-ray showing the pieces of shot in the red kite.

14 Mike Lane (rspb-images.com) Peregrines the fastest birds in the world are still too slow to escape Government cuts. Government gives green light to falcon thieves Wild peregrine chicks stolen from a nest in Cheshire are thought to have been taken to supply the trade in illegal falconry birds. The robbery comes as the Government announced that it would be removing over 50 species from Schedule 4 of the Wildlife and Countryside Act 1981 in England, with Wales and Scotland expected to follow suit. Schedule 4 listing requires birds kept in captivity to be registered with the Government. The RSPB believes that de-listing will lead to more birds being taken from the wild by unscrupulous bird keepers. Despite opposition from the Joint Nature Conservation Committee (the Government s scientific advisors), the police and a range of conservation agencies, Schedule 4 will be slashed to just nine species from 1 October Only golden eagles, white-tailed eagles, goshawks, honey buzzards, marsh harriers, Montagu s harriers, ospreys, peregrines and merlins will remain. However, all peregrines and merlins will be considered registered by Defra if they have CITES Article 10 certificates. RSPB Investigations Officer Duncan McNiven said, This is a backward step for wildlife law enforcement. The use of registration combined with DNA profiling has been probably the biggest wildlife crime success story in the last 20 years. It has a proven track record of catching criminals and reducing nest robberies. It is ridiculous for the Government to suggest that peregrines and merlins with CITES certificate are registered. Once these birds are sold, they will disappear from view and the statutory agencies will not have a clue where they are. You cannot DNA test a bird you cannot find. In the Cheshire incident, the chicks were taken from a well-known nest site at Beeston Castle on 20 May. Six men with ropes and rucksacks were seen on the cliffs above the nest at around the time the chicks vanished. Cheshire Police are anxious to trace a blue Renault Clio seen near the scene with a registration beginning HT53. This nest was last robbed of its chicks in the early 1990s just before DNA evidence was used for the fist time in a wildlife case. The RSPB fears that investigators will be unable to trace suspect birds following the removal of registration. Statutory Instruments 2356 and 2357 of 2008 will come into effect from 1 October 2008.

15 Red kite caught in illegally placed rodent trap P Beecroft In May 2008, a red kite was seen flying around the Chilterns with a rat trap on its legs. These devices are meant for indoor use only. A couple of days later, a member of the public was able to collect the exhausted bird, which was found to be less than half its normal weight. The bird was taken into care but later died. The trapped red kite. INTERNATIONAL A nesting swift crushed by masonry in the Port of Antwerp. Jan Rodts (Vogelbescherming) Swifts crushed in Antwerp demolition Over a hundred swifts died when a building in the Port of Antwerp was torn down without thought to the nesting colony it contained. Large nesting colonies of swifts were known to occupy two old buildings within the port complex. Natuurpunt, the local BirdLife Partner in Belgium, had a verbal agreement with the buildings owner that they would be contacted if either of the buildings were to be demolished so that alternative breeding capacity could be provided for the swifts. Unfortunately, this arrangement was not honoured, and 112 swifts died, mostly crushed as they sat on their nests. Eighty-one live nestling swifts were salvaged and taken to a centre for care for injured wildlife. At the time of writing, some of the birds had already been successfully released back to the wild. Following the incident, the owner agreed to provide for alternative breeding capacity in new buildings and to double the amount of nesting sites that were lost, amounting to 300 new nest boxes. RSPB contacts in Belgium have indicated that the owner may face prosecution by the Flemish Government. Lammergeier mortality paper published G Shorrock (RSPB) A scientific paper published in Bird Conservation International (18:1 10, 2008) has concluded that shooting and intentional poisoning are the most important causes of death in the European populations of lammergeiers or bearded vultures. The results also showed that whilst deaths due to collisions or electrocutions had remained stable, cases of shooting had declined in the last six years and poisonings had increased. Lammergeiers are still under threat in Europe.

16 AND FINALLY Goodbye Emma. hello Sarah! Many of you who have contacted RSPB Investigations over the past three years will have spoken to Emma Doherty our Investigations Intelligence Manager. (Some of you may even have incurred her wrath if you didn t send in your end of year reports in time!). Emma has significantly improved the gathering and sharing of intelligence with agencies such as the NWCU. In June, Emma took a new role working with charitable trusts in the RSPB Marketing Department. Emma is going to be greatly missed, and we wish her well in her new role. In August, we welcomed our new Intelligence Manager, Sarah Lowe. Sarah has worked for the RSPB before on Coquet Island in Northumberland monitoring seabirds including roseate terns, and most recently was employed by Devon and Cornwall Police as a Case Handler. Emma Doherty G Shorrock (RSPB) M Lowe Sarah Lowe, our new Investigations Intelligence Manager. Write to be read We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions in your force. Send your articles to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by to ian.west@rspb.org.uk or by fax to The views expressed in Legal Eagle are not necessarily those of the RSPB. Please help us keep the WCO mailing list up to date by sending any changes to elizabeth.gilder@rspb.org.uk. The RSPB speaks out for birds and wildlife, tackling the problems that threaten our environment. Nature is amazing help us keep it that way. We belong to BirdLife International, the global partnership of bird conservation organisations. The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Wales no , Scotland no. SC The RSPB UK Headquarters The Lodge, Sandy, Bedfordshire SG19 2DL Tel: Scotland Headquarters 25 Ravelston Terrace, Dunedin House, Edinburgh EH4 3TP Tel: Northern Ireland Headquarters Belvoir Park Forest, Belfast BT8 7QT Tel: Wales Headquarters Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: Cover: G Shorrock (RSPB) For more information on wild birds and the law, visit