THE RSPB S INVESTIGATIONS NEWSLETTER

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1 RSPB a million voices for nature LEGAL EAGLE THE RSPB S INVESTIGATIONS NEWSLETTER FEBRUARY 2008 No 54 Golden eagle poisoning stirs Scottish Government into action Lothian and Borders WCO Mark Rafferty holds the poisoned golden eagle which led to a political debate The shocking news that a golden eagle had been found poisoned in the Scottish Borders in August 2007, just after the start of the grouse shooting season, not only stunned those involved with conservation, but also was condemned around the world and led to a debate about wildlife crime in the Scottish Parliament. As a result, a Thematic Inspection of arrangements for the prevention, investigation and prosecution of wildlife crime is being undertaken by HM Chief Inspector of Constabulary in association with HM Chief Inspector of Prosecutions in Scotland. The Inspection will make recommendations by 31 March The poisoning caught the public imagination because the dead bird was a member of the only breeding pair of golden eagles in the Scottish Borders, having nested successfully, unmolested, for many years. In 2007, the pair raised a chick to fledging; the young bird was semiindependent and was being fed by both parents at the time of the crime. There were significant concerns for the chick s welfare so a food supply was organised by WCO Mark Rafferty to ensure the young bird continued to thrive. Lothian and Borders Police, RSPB Scotland, the Scottish Society for the Prevention of Cruelty to Animals (SSPCA) and the Scottish Executive conducted a search of land and property and a reward of up to 10,000 was being offered by private donors, RSPB and wildlife organisations for information to enable the perpetrator to be caught. PC Mark Rafferty said, Despite the efforts of myself, other WCOs and our partners, the illegal and indiscriminate use Continued overleaf IN THIS ISSUE: Bird Black Hole of Calcutta Developer prosecuted for destroying bat roost Taxidermy dealer ignorant of the law Wader thief caught under cover Pesticide arsenal Red kite shot dead in Wicklow Slaughter on Cyprus Man steals iguana in false leg

2 Continued from front page of poisons is still alive and well in the Borders area. This incident goes to show that people are still willing to take this risk, and the result is that one of Scotland's finest birds has now been destroyed. This is criminal behaviour, and I'd ask for the public and particularly the gamekeeping community to come forward with information on this or any illegal wildlife crime. SSPCA Chief Superintendent Mike Flynn said, The various agencies concerned are sickened at the mindless poisoning of the female golden eagle found on a grouse moor. Scotland has lost one half of the only breeding pair in the Borders and this could ultimately result in a second tragedy, as it is unclear if the chick will survive. The Scottish Borders has seen too many incidents involving the illegal poisoning of birds of prey in the last few years and it is important that anyone with information comes forward. The debate in the Scottish Parliament follows the publication of RSPB figures, which show that 2006 was the worst year ever for recorded wildlife poisoning incidents. The Persecution 2006 report ( revealed that 98 allegations or reports of poisoning activity in 2006 were received by RSPB Scotland (compared with 44 in 2005). Forty-two incidents were confirmed as pesticide or poison abuse involving killing or threatening raptors (compared with 19 in 2005) and six cases involved the possession of pesticides suspected to be for an illegal purpose. Parliament commended the enthusiasm and commitment of those involved in the fight against wildlife crime and condemned those responsible. Parliament went on to urge Ministers to ensure that each Scottish police force appoint at least one full-time police wildlife crime co-coordinator; that wildlife crime cases were prosecuted wherever possible by fiscals with specialist training; and guidance should be produced which pulls together all legislation relevant to wildlife crime for use by landowners, managers and their staff. Bob Elliott, Senior investigations Officer with RSPB Scotland said, We are pleased that so many important points were raised in the chamber and we look forward to contributing to the thematic review conducted by Paddy Tomkins and Joe O'Donnell. Congratulations to all the PAW partners in ensuring wildlife crime remains at the top of the political agenda. PROSECUTIONS Housing developer fined for damaging great crested newt habitat Taylor Woodrow Developments Limited based in Solihull, were fined 2000 with 87 costs after pleading guilty to damaging or destroying a resting place of great crested newts at a development site in Stansted Mountfitchet, Essex following a hearing at Harlow Magistrates Court on the 20 June The company was aware of the legally protected newts on their site and had been granted a licence by Natural England to enable ecologists to capture the newts to allow the development to go ahead. The captured newts were placed in a temporary reserve while new ponds were being created for them nearby. Once the ponds were suitable for the newts to live in they, and the temporary reserve, were to be joined to form a larger reserve. However, in December 2006 a manager from the company instructed contractors to excavate the new ponds. The contractors drove machinery over protective fencing onto the newt reserve and placed soil from the excavation on top of the release site. Wildlife Management Advisers from Natural England and PC Andrew Long, the Force Wildlife Crime Officer for Essex Police, visited the reserve after receiving information, about the damaging activity from an ecologist working for the company. The visit provided evidence for the subsequent prosecution and conviction. Paul Cantwell, Wildlife Management Adviser with Natural England, said, This case highlights why developers must take extra care when dealing RSPB with their contractors who are working where there are protected species. I believe this situation was completely avoidable. I would like to commend PC Long and the Crown Prosecution Service for bringing this case to Court. PC Andrew Long, WCO for Essex Police said, This case demonstrates that Essex Police, working with agencies such as Natural England, can have a positive impact on wildlife crime. Essex Police will, where possible, investigate matters of wildlife crime, and if there is sufficient evidence refer the matter to the Crown Prosecution Service.

3 Bird Black Hole of Calcutta in Essex A multi-agency investigation involving the RSPCA, Essex Police and RSPB resulted in a Harwich couple receiving suspended prison sentences and a life-long ban for keeping birds in terrible conditions. Alan Cleave, of Rectory Road, Little Oakley, Harwich admitted to 11 separate offences under the Wildlife and Countryside Act 1981 and the Protection of Animals Act And his wife, Jacqueline Cleave admitted to six separate offences at Colchester Magistrates Court on 3 October 2007 following an RSPCA prosecution. Essex Police The offences related to 38 birds of prey, owls and parrots found by RSPCA, police and RSPB officers at the property in February When officers arrived at the house, they found the birds living in filthy, cramped conditions. The birds included a Cassin s hawk-eagle, worth over 10,000, and others including gabar goshawks, kestrels, Indian scops, rufous-thighed and boobook owls, as well as a hobby, a Maximillian parrot and a sulphurcrested cockatoo. Veterinary bird expert Neil Forbes told the court that the conditions the birds were being kept in were the worst, filthiest and most deplorable. He added, This aviary is, in my opinion, akin to a bird version of the Black Hole of Calcutta. After 20 years of treating birds of prey, I can say this is the worst, filthiest site I have ever had the misfortune to visit. It is totally unacceptable. RSPCA Inspector Dave Long said, It is horrendous to see these magnificent birds living in these appalling conditions. If people are to keep these wonderful birds then they need to ensure that they have the necessary expertise, facilities, finances and time to look after them properly. These birds were totally neglected and we are pleased that the magistrates have taken into The Cassin s hawk-eagle: just one of 38 birds being kept in appalling conditions consideration the suffering caused to these birds. Essex Police WCO Andrew Long said, This successful prosecution is a demonstration of how well Essex Police work with agencies such as the RSPCA and RSPB. I am extremely happy with the magistrates decision. RSPB Investigations officer Duncan McNiven said, It was depressing to see a magnificent African raptor like Cassin s hawk-eagle, which is very rare in captivity, being kept in such appalling conditions. All the birds had an air of dejection about them. However, the forfeiture of the hawkeagle by the court is the equivalent of an extra financial penalty. Alan Cleave was sentenced to two months imprisonment, suspended for one year, and ordered to carry out 100 hours community service. Jacqueline Cleave received the same sentence and was ordered to carry out 60 hours community service. They were both ordered to pay costs. They both received lifetime bans on keeping birds, reptiles and invertebrates. Additional charges of possession of a wild hobby and a wild tawny owl as well as further cruelty charges were dropped by the prosecution during plea-bargaining.

4 Taxidermy dealer ignorant of the law A former Accrington antiques business, which sold stuffed animals illegally, has escaped with a conditional discharge and costs of just 65 after its director appeared before Hyndburn magistrates. Darell Kevin Cosgrove, 41, of Globalcount Ltd, which owned the Sell-it-all store formerly based on Blackburn Road, Accrington, appeared in court on 8 October The company was given a 12-month discharge and ordered to pay costs. With a warrant in March 2007, Lancashire police assisted by the National Wildlife Crime Unit (NWCU) and RSPB, seized several stuffed animals protected under the Convention on International Trade in Endangered Species (CITES) and Wildlife and Countryside Act. At the time, Cosgrove, who is the son of Accrington businessman Kevin Cosgrove, said it was the last straw for the business and announced his plans to close its doors. Cosgrove, and the store s manager Paul Barratt, 58, were originally charged with 28 offences under the acts, but before trial all charges against them were dropped and 14 were discontinued. The firm then pleaded guilty to the remaining 14 charges, which relate to the sale of stuffed animals, namely a Eurasian eagle owl, three tawny owls, a sparrowhawk, two peregrines, two buzzards, a robin, a starling, a Scottish wildcat, an otter and a red squirrel. Bernard Horne defending said, This is a very unusual set of offences and it is fair to say it s something the courts do not come across very often. The firm was not aware of the legislation in place as it is more used to dealing in furniture, antiques, ceramics and works of art. The offences are due to ignorance of the law and there was not any attempt to deliberately flout the regulations, it was a genuine mistake. Some of the animals on sale are between 30 and 40 years old and some date back to the 1960s, so all they believed they were doing was selling items which could be classed as antiques. This is not a global company. This is a local business which has always made a modest return and has had a good bill of health. The Chairman of the Bench, Mrs Anne Siburuth, said, We have considered the matter and it is clear that you were very negligent of the law and that you should have done your research. After the hearing, Lancashire Police WCO PC Nick Mattock, who led the investigation, said, I am pleased with today's result, which demonstrates that the police are willing to work alongside other agencies such as the RSPB and the NWCU to prosecute any firm committing offences of this nature. We are happy Andy Hay (rspb-images.com) to see the court taking the matter seriously. Stuffed animals siezed by police included a red squirrel, a species which is protected under the Wildlife and Countryside Act However, RSPB Investigations Officer Duncan McNiven said, Lancashire Police are being very diplomatic about the outcome of this case. Privately they will be disappointed by the magistrates decision. CITES offences are amongst the most serious wildlife infractions that the police have to deal with and in our book, ignorance of the law is no excuse. The fact that an antiques dealer was fined 2000 last year in Burnley for offences involving seven CITES specimens (see Legal Eagle 50), yet in a very similar case another gets a conditional discharge for offences involving 14 specimens shows that the courts are not being consistent. Ignorance will certainly not be an excuse from now on following the setting up of the website on information on taxidermy law by Kim MacDonald of the Guild of Taxidermists. Taxidermy dealers now only have to click on to to see where they stand in relation to legislation.

5 Developer and builder prosecuted for destroying bat roost in Merseyside In July 2007, Anthony George Kountis, a businessman, of Cherry Tree Farm, Lydiate and Adam Kilshawe-Fall, a building contractor, of Southport, pleaded guilty to destroying a roost site of brown long-eared bats, a European Protected Species, under the Conservation (Natural Habitats & c.) Regulations Kountis had obtained planning permission to convert a barn on his land into a house. A site survey had earlier revealed that bats were roosting in the roof and Merseyside Environmental Advisory Service had advised the council to set a planning condition compelling Kountis to obtain a licence from Natural England to have the bats moved to safety by an ecologist before any work was started. However, in November 2006 planning officials visiting the site discovered that the roof of the barn had been completely replaced without the necessary licence being obtained or any mitigation work being done, thus destroying the bat roost completely. The work had been carried out by Kilshawe-Fall who was contracted by Kountis to carry out the work. Merseyside Police WCO Steve Harris investigated the matter and both men were subsequently arrested, interviewed and charged. Kountis claimed he had not read the ecologist s report or a letter sent to him containing details of the planning condition and said he had delegated responsibility to Kilshawe-Fall. Adam Kilshawe-Fall claimed he had not been given a copy of the planning conditions but admitted knowing of the presence of the bats and accepted that he had not waited for the bats to be moved and had gone ahead and replaced the roof, destroying the roost in the process. Kountis, who is already serving a 15-month prison sentence for a firearms offence, was fined 500 and ordered to pay 500 prosecution costs. Kilshawe-Fall, who was of previous good character, pleaded financial difficulties because of the project having been stopped. He was fined 250 and ordered to pay 500 costs. J J Kaczanow Steve Harris said afterwards, I hope these convictions will serve as an important reminder to all those concerned with property development that they should have proper regard for wildlife and ensure that they are aware of and comply with the relevant legislation. All bats, their breeding sites and resting places are specially protected by law and the police will prosecute offenders for wildlife crimes whenever it is appropriate to do so. Doubting Thomas snapped in the act On 7 May 2006, Josephine and Michael Steel noticed their next-door neighbour Steven Thomas, of Haul-Y Fryn, Ferwig, Cardigan destroying an active house martin nest present under the gable of his house by using a hosepipe and a tall wooden pole to remove the nest. Josephine Steel was able to obtain three photographs of the destruction whilst it was taking place, one of which featured an adult house martin hovering just above the nest site whilst the pole could be clearly seen positioned under the gable. RSPB Investigations were contacted and an investigation was launched with Dyfed-Powys Police. heard detailed evidence from all parties, particularly in respect of house martin breeding ecology. The court found Michael Steel and Mark Thomas to be credible witnesses and concluded that the house martin nest was active, as Michael Steel had been watching its construction, which was almost fully completed at the time of the incident. Furthermore, the court believed Michael Steel that it was his neighbour Steven Thomas whom he had seen destroying the nest and commented that the photographs from Josephine Steel were useful in confirming events. Wildlife Crime Officer PC Arwyn Mason interviewed the suspect, who claimed the nest was not active and that he was removing it in order to undertake decorating. The case resulted in a one-day trial at Cardigan Magistrates Court on 18 May The prosecution was supported by expert evidence from RSPB Investigations Officer Mark Thomas while the defence employed ex RSPB Head of Investigations Peter Robinson in a similar role. The court The court found Steven Thomas guilty and he was fined 400 with 300 costs. The case went to appeal at Swansea Magistrates Court on 3 August 2007 when the verdict was upheld with Michael Steel having to pay another 500 in costs. RSPB wishes to thank Mr and Mrs Steele and PC Mason.

6 Wader thief caught under cover Over the past five years, Legal Eagle has regularly reported on the success of Operation Compass the antiegg collecting operation based in East Anglia. During 2006, one major incident occurred resulting in a successful conviction for a millionaire wader thief. On 4 June 2006, Natural England wardens at Scolt Head National Nature Reserve, Norfolk noticed a man enter a fenced enclosure on Brancaster Beach and take the eggs from an active ringed plover nest, situated under an antipredator cage. The man and a juvenile, who was with him, both realised they were being watched and headed off into an area of dense scrub nearby. Norfolk Police were called and a police dog unit eventually found the two people hiding under a blanket. Neither was found in possession of any ringed plover eggs but both were arrested and taken to King s Lynn Police Station. Whilst in custody the home address of the man, Paul Zwetsloot, Tally Ho, Bushmeade Road, Upper Staploe, Bedfordshire was searched by Bedfordshire Police led by experienced WCO Inspector Phil Cannings Bedfordshire Police found a large netted lake at the premises containing numerous wading birds including avocets, oystercatchers, golden plovers, curlews, lapwings and redshanks. In addition, a number of juvenile oystercatchers, curlews, golden plovers, common sandpipers and red grouse were found at the premises, together with a number of wader eggs all housed within purpose-built rearing facilities and incubators. A number of birds thought worthy of further investigation were seized and DNA samples were taken to ascertain parentage of selected species. The birds were then kindly housed by Golders Green Zoo, London. Paul Zwetsloot was interviewed and admitted a variety of offences related to the taking of wild bird eggs. On 28 February 2007 at King s Lynn Magistrates Court, Zwetsloot pleaded guilty to five offences between April and June 2006 relating to the taking of oystercatcher eggs from Scotland, common sandpiper and red grouse eggs from Yorkshire, snipe eggs from Bedfordshire and the ringed plover eggs from Norfolk. Zwetsloot was fined a total of 2500 and ordered to pay 1875 costs. After the case, a number of oystercatchers, common sandpipers and snipe were released back to the wild. RSPB wishes to thank the Operation Compass partnership, particularly the Natural England wardens in this case, PC Jon Hopes and DC Jerry Simpson, Inspector Phil Cannings and PC Martin Anstee, Ben Potterton, the International Zoo Vet Group, Golders Green Zoo, Wildlife DNA Services, and CPS prosecutor Nick Crampton. Householder convicted of possessing and using illegal pesticides Carbofuran product found at home of Chung Courtesy Natural England On 6 June 2007, Mr Kee Chung, a resident of Bromley, Kent pleaded guilty at Bromley Magistrates Court to two offences of storing and using the unapproved pesticide carbofuran. He was fined 3200 with 1600 costs after pleading guilty. In March 2006, some dead foxes were found in a neighbour s gardens. Samples taken from one of the foxes showed that there was a significant residue of the pesticide. Wildlife Advisers from Natural England, Police Wildlife Crime Officers from Bromley and the Metropolitan Police Wildlife Crime Unit visited the area again. After searching the rear garden of Mr Chung s house they found some purple coloured granules in a plastic box in a shed. Analysis confirmed the pellets contained carbofuran. The approval for all carbofuran products was withdrawn in 2001, but this remains the most regularly abused product in wildlife poisoning cases. Mr Chung claimed that this material was a weed killer and admitted that he had brought this in from Hong Kong. Paul Butt, Wildlife Management Adviser with Natural England stated, This case highlights why pesticides must be properly stored and labelled. This dangerous chemical was found in an unmarked container in an unlocked shed. There could have been serious and possibly fatal consequences if it had been found by children or other people. We are very concerned about toxic pesticides being brought in to the country with the express purpose of poisoning animals. This is illegal, indiscriminate and cruel. If concentrated, these chemicals are highly dangerous. If eaten, only a few grammes could prove to be fatal. We take these matters seriously and continue to take enforcement action.

7 FEPA fines for farmer On 26 July 2007, at Doncaster Magistrates court, farmer Stewart Peter Woolhouse of Kilnhurst Road, Hooton Roberts, S Yorks was fined 2000 for three offences of unlawful storage of pesticides contrary to the Food and Environment Protection Act On the morning of 21 August 2006, a local birdwatcher was at Thyrbergh Country Park when he noticed Woolhouse s Land Rover crossing nearby farmland. Watching through his telescope, he saw the vehicle stop and Woolhouse walk across to the base of a hedgeline. He bent down and picked up a rabbit carcass, appeared to examine it, then threw it over the bush into the edge of the uncultivated field. There was a small-scale partridge shoot on the farm managed by Woolhouse, and the witness was concerned that the rabbit may have been a poison bait. He went to the location and found the rabbit carcass, which appeared to have been cut open and a granular substance applied to the chest cavity. He recovered this and, after speaking with a Park Ranger, contacted the RSPB. The RSPB attended and contacted WCO PC Hazel Vaughan of the South Yorkshire Police. On 23 August, a warrant and field search took place assisted by Natural England and the National Wildlife Crime Unit. On the farmland, two cut open partridge carcasses were found, again laced with a granular material. At Woolhouse s home a number of farming-related pesticides were found to be unlawfully and insecurely stored. Sweepings were also taken from the floor of Woolhouse s Land Rover. Analysis of the carcasses and the sweepings confirmed the presence of the agricultural pesticide aldicarb; this RSPB has been a regularly abused product involved in 12% of wildlife poisoning cases in the last 10 years. Woolhouse was arrested and interviewed. He accepted he undertook the predator control for his partridge shoot but stated he could not specifically remember the incident involving the rabbit and denied any involvement in laying poison baits. He did not use any pesticides containing aldicarb on his farm, and suggested the traces in his vehicle were the result of him walking over the area contaminated by whoever had put the baits on his land. Following consultation with the CPS, Woolhouse was reported for a number of offences relating to the poison baits and unlawful storage of pesticides. Woolhouse pleaded guilty to two storage offences and the remaining matters proceeded to trial. Although he was convicted of the remaining storage offence, his acquittal on other matters was disappointing. The RSPB would like to acknowledge the efforts of WCO Hazel Vaughan and the CPS in this case plus the original witness Mr Smethurst, who reported the matter. Pigeons and pheasants used as bait A Borders gamekeeper who admitted using live pigeons as bait and lacing pheasant carcasses with poison has been given 220 hours of community service. Aitken (in ski-mask) leaves court RSPB George Aitken, 56, admitted eight wildlife offences at Selkirk Sheriff Court while not guilty pleas were accepted to another seven charges. He was caught in August 2006 in a joint operation by RSPB Scotland, the Scottish Society for the Prevention of Cruelty to Animals (SSPCA), led by Lothian and Borders Police and the Scottish Executive. Banned pesticides and traps were found at Blythe Farm near Lauder. Carcasses of pheasants laced with carbofuran had been laid out only metres from the Southern Upland Way a route popular with walkers. Homemade illegal cage traps containing live pigeons were also found on the estate. Mr Aitken turned up for sentence at Selkirk Sheriff Court wearing a black full-face ski-mask and a combat jacket. He was described by police officers as showing no remorse for his blatant disregard of the Wildlife and Countryside Act. Sheriff Kevin Drummond expressed his dismay at the scale of the offences and after background reports were taken into consideration, handed down a sentence of 220 hours community service.

8 Pesticides seized at Philip s home were sufficient to kill over 6000 people RSPB Pesticide arsenal WCO PC Karl Webster of the Derbyshire Police reports on a conviction following the finding of a disturbing hoard of pesticides. In June 2006, two dead ravens were picked up at a disused quarry near Wirksworth. Analysis confirmed the presence of mevinphos which, though banned in 1993, has a long history of abuse in wildlife poisoning. Around 10 years earlier this was the first site to welcome the return of ravens as a breeding bird to the county. There had been previous poisoning incidents in the area. Following intelligence, a warrant was executed at the home of Peter Philips at Water Lane, Middleton-by-Wirksworth, Derbyshire. Natural England and the NWCU assisted with the search. Phillips, a local quarryman, also had a long history as a pest controller. It appeared Phillips had a predilection for killing and every room contained relics and reminders of shooting, hunting, trapping and death. What was of more concern was the arsenal of pesticides unlawfully stored on the premises. He still held strychnine, recently taken off the market, from his previous days as a mole catcher. However, he had no credible explanation for the other products found. The lid on a blue barrel held in an outbuilding was unfastened to reveal a tin of the banned fumigant Cymag. There was hydrogen cyanide gas leaking from the product and an officer of Natural England was later admitted to hospital as a precaution after feeling unwell. Fortunately, he suffered no lasting effects. A utility room in the house held containers holding alphachloralose and carbofuran, the two most commonly abused products in wildlife poisoning cases, and a tube of the fumigant Talunex in a kitchen drawer. A syringe on a windowsill was found to contain traces of the pesticide Lindane. Four containers of Phosdrin, containing the highly toxic mevinphos, were found in the loft. To top this off, Section 1 ammunition was haphazardly lying around in several rooms. A comprehensive file was prepared and it was calculated there were enough pesticides to kill more than 6000 people. RSPB Investigations provided a statement outlining the abuse history of the products found and stating that the syringe was entirely consistent with a poisoner s kit contrary to the Wildlife and Countryside Act However, Philips denied any illegal use of the products at his home and there was no direct evidence to link him with the poisoning of the ravens or other incidents. On 31 July 2007, Phillips pleaded guilty at Chesterfield Magistrates Court to six offences of unlawful storage of pesticides contrary to the Food and Environment Protection Act He was fined 2000 with a further 100 for failing to comply with the conditions of his firearms certificate. The offence relating to the syringe under the Wildlife and Countryside Act 1981 was withdrawn. I would like to thank the officers from Natural England and RSPB, and Alan Roberts of the NWCU for their assistance with this investigation.

9 Gamekeeper s poison panic On 27 September 2007, gamekeeper Richard Lawrence Mcmorn pleaded guilty at Berwick Magistrates Court to four offences contrary to the Food and Environment Protection Act 1985 (FEPA) and the Control of Pesticides Regulations Act 1986 (COPR). This followed a joint investigation between Northumbria Police, Natural England and the RSPB. He was fined 600 with 70 costs. On 9 June 2007, the defendant Mcmorn was involved in a road traffic accident near Scremerston, Berwick upon Tweed, Northumberland. Mcmorn, 48, a selfemployed gamekeeper from Ancroft, Northumberland, was seen to take a jar of a dark powder from his Landrover and hide it by the roadside. This was recovered by other people at the scene and eventually passed to the police. Mcmorn was interviewed and admitted the product was Yaltox (which contains the active ingredient carbofuran, approval for which was withdrawn in 2001). Mcmorn stated he had acquired this about seven years previously, though would not name the source. Government records show that carbofuran is the most regularly abused pesticide for the illegal poisoning of wildlife, and has featured in around 30% of all UK cases in the last 10 years. However, McMorn denied using the product for laying poison baits, claiming he had got it to deal with wasps (though it has never been approved for such use). On 12 June 2007, the police, assisted by Natural England and the RSPB, executed a search warrant at his home. In a cupboard inside his house, a tube of the very toxic fumigant Phostoxin was found. McMorn had no facilities for storing E Ashworth/RSPB WCO PC Andy Swinburne during the search of McMorn s home fumigants or any other pesticides. Mcmorn stated that he also had some of the fumigant Cymag, and took the search team to one of his release pens and showed them an unmarked glass jar of powder lying on the ground. Analysis by Natural England confirmed this as Cymag; the approval for this product was withdrawn in The RSPB wishes to thank WCO PC Andy Swinburne for his efforts with this investigation and the assistance provided by Natural England. Huntsman convicted for badger sett interference Wildlife Crime Officer PC Andy Swinburne of the Northumbria Police reports. On 13 March 2007, Operation Newark was executed at Bradford Kaims, near Belford, Northumberland by Northumbria Police assisted by the RSPCA Special Operations Unit and the Northumberland Wildlife Trust Badger group. Recent amendments under the Natural Environment and Rural Communities Act 2006 now allow search warrants to be obtained under the Wildlife and Countryside Act 1981 for offences contrary to the Badgers Video grab from cover footage of two men interfering with badger sett Courtesy RSPCA Act Two search warrants were obtained to allow evidence to be recovered from designated areas of land. A period of covert surveillance was undertaken and two men were observed digging into a sett with spades. Robert McCarthy, the Huntsman for the Duke of Northumberland's Percy Hunt, and another male were apprehended and arrested for interference with a badger sett. Examination confirmed that all the entrances to the sett under surveillance plus those to a second sett had been filled with soil. The introduction of the Hunting Act 2004 repealed exemptions which had allowed the lawful exemptions to the Protection of Badgers Act 1992 of temporarily obstructing or stopping up badger sett entrances. During interview, McCarthy and the other male were adamant that the setts were in fact fox earths. Even when temporary stopping of badger setts was allowed this only allowed light materials to be used. To support the observations of the badger experts, samples of hair, bedding, and dung were seized from each sett prior to offences being committed to confirm they were active badger setts. A sample of hair taken from each sett was compared by Wildlife DNA Services with the Badger DNA Database to confirm that they were badger hairs. It is believed this weight of evidence helped ensure an early guilty plea. From the outset this was a potentially high profile politically sensitive case, but the excellent collaboration of the agencies involved allowed strong evidence to be gathered. On 7 August 2007, Robert McCarthy appeared at South East Northumberland Magistrates Court and pleaded guilty to two offences of badger sett interference, contrary to Section 3(1)(b) of the Protection of Badgers Act He was given a conditional discharge for nine months and costs of 43. The other male later received an adult caution for the same offences.

10 NEWS Swans massacred On 9 October 2007, RSPB Investigations were called to a lake at Radwell, Bedfordshire, where workmen had discovered 29 freshly dead mute swans buried in a pit. Veterinary examination of the swans, and a marsh harrier and grey heron also found in the pit, indicated that all the birds had been shot. Commenting on the investigation, RSPB Investigations Officer Mark Thomas said, This is one of the worst incidents that RSPB Investigations have dealt with in the last 10 years. Someone attempted to hide the killing of these birds but the body of at least one swan was visible and on excavation with a machine it soon became apparent this was a mass grave containing numerous swans. From the evidence at the scene, it was clear that this was not the work of youths. The investigation is centred on an organised and deliberate act to eradicate swans from this particular lake. RSPB are now appealing for the public s help and believe the killings took place over the weekend of 6 7 October The investigation has received good TV coverage (featuring as the main news item on regional ITV Anglia news) and was reported in several national newspapers. Bedfordshire Police are leading on the enquiry and can be contacted on Red kite found shot dead in Wicklow Efforts to revive Ireland s once extinct red kite population have been dealt a blow after a bird released in the Wicklow mountains was found shot dead on 28 August The bird, set free six weeks previously with 29 other kites, had been hit with shotgun pellets and was found on farmland north of Arklow in County Wicklow. Red kites are fully protected under Irish wildlife laws and the Garda have investigated the background to the incident. The Golden Eagle Trust (GET), which is managing the project with the National Parks and Wildlife Service and the Welsh Kite Trust, said the loss was a major blow. Obviously, after all the hard work and support for the The red kite programme is one of three schemes to return previously extinct birds of prey to Ireland Chris Gomersall (rspb-images.com) project in Wicklow, nationally and in Wales, it is very worrying to recover a shot kite so soon after <?>they have been released, said GET project manager Damian Clarke, But I must stress that the level of support from all the local farmers, landowners and local gun clubs and shooting syndicates has been excellent. Red kites were driven to extinction in Ireland from shooting, trapping and poisoning even though they pose no threat to either game birds or livestock. Kites are not powerful predators and feed mostly on carrion as well as small mammals, insects and worms. We hope that all landowners can advise people shooting on their property that red kites must be left unmolested. These species are fully protected by the law and it is illegal to shoot red kites, by mistake or otherwise, said Mr Clarke, It is very unfortunate that we should recover a shot kite during National Heritage week it once again highlights the importance that everyone needs to play a role in protecting Ireland s natural and cultural Heritage. The red kite programme is one of three schemes to return previously extinct birds of prey to the Irish skies. Scottish-sourced golden eagles have been released in Donegal since 2001 and one pair bred successfully in 2007, the first time since breeding ceased there in Also in 2007, 15 Norwegian white-tailed eagles were reintroduced to Killarney National Park in County Kerry in an ambitious five year-project. In a new project, RSPB Northern Ireland is hoping to start reintroducing red kites to the South Down area of Northern Ireland in summer 2008.

11 Greater conservation for European Protected Species Dolphins, marine turtles, otters and other European Protected Species (EPS) and their habitats will benefit from increased protection introduced in the UK on 21 August These new laws change the UK Habitats Regulations and introduce the new Offshore Marine Conservation Regulations. People now have to consider, in a wider range of circumstances, the presence of these protected species and their breeding sites or resting places. Anyone who wishes to possess specimens of a protected species now needs a genuine reason for doing so, and must demonstrate this is compatible with the Regulations. Tougher rules on the trading of protected European species which are non-native to the UK also act as a deterrent to the killing or taking of such species from the wild. The transposition of the Habitats Directive in the UK was subject to two European Court of Justice Judgments. In the light of these judgments, the Habitats Regulations in England and Wales have been amended and the Wild Birds Directive and Habitats Directive transposed beyond UK territorial waters. The judgments ruled that existing species protection provisions in the Habitats Regulations were not fully compatible with the strict species protection regime required by the Habitats Directive. A separate, related judgment ruled that trade in all species listed on Annex IV of the Habitats Directive should be prohibited rather than trade in just those species found in Great Britain. wild in Great Britain. In addition, the exception covering specimens that were lawfully taken from the wild will be restricted and its application will depend on where and when the species was taken. For species originating from the UK, for example, the exception will apply only to specimens taken from the wild before 10 June 1994 (the implementation date of the Habitats Directive in the UK). Where the restricted defence does not apply, a licence will be required to continue to possess and trade in the specimens in question. The new Offshore Marine Conservation Regulations will extend protection to marine species, wild birds and habitats out to 200 nautical miles. A number of Special Areas of Conservation and Special Protection Areas will be identified and protected in the offshore area. The first seven draft sites will be consulted on imminently. The new Offshore Marine Conservation Regulations apply to all sea users in the offshore area and prohibit the deliberate killing or disturbance of European Protected Species, including dolphins, turtles and sturgeon. For more information on the amendments to the Habitats Regulations see ewd/index.htm and uksi_ _en.pdf For more information on the Offshore Marine Conservation Regulations see The principal offences for protecting animals under the Habitats Regulations address the deliberate capturing or killing; deliberate taking or destroying of eggs; deliberate disturbance; and damaging or destroying a breeding site or resting place of Annex IV species resident in the wild in Great Britain, that is European Protected Species (EPS). For plants there is an offence covering deliberately picking, collecting, cutting, uprooting or destroying a wild plant of an EPS. The Habitats Regulations provide certain defences to these offences that may operate in clearly specified circumstances. The majority of the defences originally in the Habitats Regulations will be removed. This includes the incidental result defence which applies to acts which could constitute an offence but were the incidental result of an otherwise lawful activity and could not reasonably have been avoided. In the absence of such a defence, the offence prohibiting disturbance of EPS is amended to better reflect the terms of the Directive and to allow trivial acts of disturbance to continue without constituting an offence and therefore requiring a licence. The prohibition covering possession and trade (including transport and exchange) of species taken from the wild will be extended to include all species listed on Annex IV of the Habitats Directive, not just those that are resident in the The Marine and Fisheries Agency will be responsible for issuing wildlife licences under these Regulations. Certain strict tests will have to be met for a licence to be issued to ensure that the affected species are adequately protected. See European Protected Animals (whose natural range includes GB) Bats, Horseshoe (all species) Bats, Typical (all species) Common Otter Dolphins, porpoises and whales (all species) Dormouse (but not edible or fat dormouse) European Protected Plants (whose natural range includes GB) Creeping Marshwort Early Gentian Fen Orchid Floating-leaved Water Plantain Great crested newt Large Blue Butterfly Marine Turtles Natterjack Toad Sand Lizard Smooth Snake Sturgeon Wild cat Killarney Fern Lady s Slipper Shore Dock Slender Naiad Yellow Marsh Saxifrage

12 Peregrine Northern Ireland Study Are peregrines in Northern Ireland declining as a result of human persecution? A recent RSPB study involving nearly 30 years of peregrine survey data aimed to answer this question. The data, collected by Jim Wells and other members of the Northern Ireland Raptor Study Group (NIRSG), were used to test whether human persecution may have contributed to the reduction in the peregrine population from 96 pairs in 1991 to 87 pairs in Reports of persecution of peregrine nests have increased in recent years, and in Northern Ireland it is suspected that persecution is linked to some of the pigeon racing fraternity. Fifty cases of proven persecution were recorded at 35 territories between 1977 and 2005 in Northern Ireland. A further 128 suspected instances of persecution occurred, but these were not used in the analysis. Nearly all (93.6%) of the suspected events occurred at known persecuted territories. Types of persecution included the removal of eggs or young from the nest, soil dumped on eggs, and shooting or poisoning of birds. Sites that peregrines had used during the breeding season were defined as a territory, and could be used by a pair of peregrines, a single bird or may have been vacant. The survey investigated whether young birds were fledged at a territory, and whether evidence of persecution was found. The study also looked at other factors, such as territory habitat and altitude. The results showed that over time, persecuted territories Conference news The 19th annual UK Police and Customs Wildlife Enforcement Conference took place on 9 11 October 2007 at the Villa Marina on the Isle of Man. Around 125 delegates attended, representing police forces across the UK, Government departments and voluntary organisations with an interest in wildlife law enforcement. The conference was opened by The Honourable George Martin Quayle MHK, Minister for Home Affairs within the Isle of Man Government, followed by strategic message delivered by Defra, Her Majesty s Revenue and Customs and the Police Service. Delegates were also pleased to welcome for the first time Natural England s newly appointed Regulatory Director; Ian Fugler, and, from the Marine Fisheries Agency, Neil Wellum and Juliette Parker. There was a great variety of talks, including some interesting cases from around the UK as well as some local speakers including Fiona Gell from the Isle of Man Department of Agriculture, Fisheries and Forestry, who gave an interesting insight into the local wildlife. Chris Sharpe from the Manx Bird Atlas also gave an were less likely to hold a pair, and more likely to hold a single bird or be vacant. The probability of fledging young was lower in pair-occupied territories that are persecuted than in non-persecuted pair territories. Persecuted territories produced fewer nestlings per pair than non-persecuted territories. The probability of young fledging was lower in pair-occupied territories that are persecuted than in non-persecuted pair territories. This indicates that human persecution may be having an effect on the peregrine population of Northern Ireland. The research is likely to have underestimated the amount of persecuted sites, as persecution is often difficult to detect and some persecution happens away from the nest (eg shooting of adult peregrines). Therefore, the decline in the Northern Ireland peregrine population since 1991 may be at least in part attributable to human persecution. The RSPB will be working to fulfil the main recommendations in the report: with the NIRSG and the Police, to establish a system of reporting and collating persecution incidents, and to ensure more research and monitoring to allow population modelling to draw more definitive conclusions. The RSPB also supports the initial work that has been undertaken between the NIRSG and local pigeon racing groups to raise awareness. entertaining after dinner speech followed by the results of the annual Conference Quiz, which saw Barry Fryer, Head of the RSPCA Specialist Operations Unit, accepting the bottle of bubbly on behalf of the winning RSPCA team. The conference was an extremely useful event, with NWCU announcing their new priorities and Nick Crampton from CPS providing the audience with advice on how best to work with the CPS and the new importance of SSSJ (simple, speedy, summary justice). Graham Rankin of the Durham Constabulary also highlighted the importance of using Cross Compliance in enforcement, and Ian Knox of the Metropolitan Police highlighted the need for a review in the COTES legislation. The workshops covered a wide variety of issues, with topics to interest everyone, including: tortoises, wildlife poisoning, The Animal Welfare Act, poaching, Regulation of Investigatory Powers Act/Covert Human Intelligence Source, Environment Agency Enforcement and improving Control of Trade in Endangered Species Regulations.

13 WWF Wildlife Law Enforcer of the Year Award Nigel Lound of Lincolnshire Police has been named this year s WWF Wildlife Law Enforcer of the Year in recognition of his work against wildlife crime. Heather Sohl, Wildlife Trade Officer at WWF said, Constable Lound has shown a real commitment to tackling wildlife crime. We need more officers like him across the country not only to bring the criminals to justice once crimes have been committed, but also to help raise awareness and educate the public to reduce wildlife crimes in the first place. His outstanding efforts help local wildlife, but also benefit the conservation of endangered species at a global level. Constable Lound is currently investigating the sale of two Moluccan cockatoos which he believed to be stolen or imported illegally. The suspect was traced and interviewed and a file has now been submitted to the Crown Prosecution Service. Constable Lound also successfully prosecuted a local builder who had demolished a building knowing it housed bats and was therefore legally protected. Lound has made it a priority to increase awareness of wildlife crime, its enforcement and prevention. This additional work includes giving presentations to local schools, community groups and businesses as well as providing training and support to his fellow officers. He is currently filming a documentary entitled Wildlife 24/7, which addresses the issues of endangered wildlife and rare plants. Nigel Lound said, I am delighted to have received this award. To have been nominated along with the other dedicated deserving people working in this field is very pleasing but until Wednesday evening when the awards were presented I did not even know that I had been nominated. I was stunned and surprised when my name Bushmeat update In order to assess possible infringements of the Convention on the International Trade in Endangered Species of flora and fauna (CITES) through the illegal importation of meat into the UK, a pilot study was undertaken to identify the species composition of meat seized entering the UK at Heathrow airport. The project involved teams from HMRC, Defra Global Wildlife and International Animal Health and the Food Standards Agency. There was backing from the International Fund for Animal Welfare (IFAW) and the forensic work was undertaken by Wildlife DNA Services (WDNAS). Samples were obtained through seizures of illegal imports of meat on five separate occasions during late 2005 and early In compliance with licensing Guy Shorrock/RSPB PC Lound (right) accepting his award and cuddly panda was called out. I accept the award on behalf of Lincolnshire Police and particularly the five colleagues who work with me in this area, I see this as very much a team effort and without their support I would not have won. The Chief Constable Tony Lake also deserves a mention, as without his help I would not have had the vehicle, the equipment or the resources to do my job. The runner up has been named as Andrew Steel, an HM Revenue and Customs Investigation Officer based in London. He has been actively involved in investigating wildlife trade offences for the past seven years. Defra s Biodiversity Minister, Joan Ruddock, said, I too wish to pay tribute to Nigel Lound and Andrew Steel and congratulate them on winning these awards. Both have shown great dedication and professionalism and have made a real contribution to the fight against national and international wildlife crime. I'd also like to take this opportunity to thank all the other Police and Customs officers who enforce wildlife law throughout the UK and who are gathered on the Isle of Man this week for their annual conference. Many of them carry out their wildlife law enforcement responsibilities in their own time and in addition to their other day-to-day responsibilities, which makes their achievements even more remarkable. regulations, DNA was extracted from samples at point of seizure by WDNAS in a converted customs interview room, prior to genetic identification at the WDNAS laboratories. Sixty-two meat samples were chosen as possible wild meat of which seven (four pangolins, one marsh buck, one cane rat and a wild pig species) were identified as wild meat, with the remainder originating from agricultural animals. Of the wild meat samples, five (pangolins and marsh buck) were identified as belonging to CITES regulated species. The majority of the imported meat was likely for personal use. Some of the wild meat samples entering the UK from Africa did so from European transit flights.

14 INTERNATIONAL Hungarian customs officers found around 400 carcasses of protected birds including woodlarks Chris Gomersall (rspb-images.com) Carcasses of protected birds seized from Romanian bus at Austrian border Hungarian customs officers found and seized a consignment of carcasses of hundreds of protected birds from a Romanian bus leaving Hungary for Austria at Rabafuzes, a customs official said on 17 October The bus arrived at the border late on Tuesday <?date >and customs officers found around 400 dead birds in a bag hidden above the rear wheels. According to preliminary estimates, the birds, including woodlarks, great tits, chaffinches and greenfinches are worth around 16,000 Euros to the bird trade. Smuggling setback The CID in the North German town of Steinfurt in Munsterland landed a big coup yesterday and the international animal smuggling trade suffered a big setback. The breeding enclosures and business premises of two bird traders, both well-known throughout Europe, were raided and searched. The police found and confiscated over 300 birds of protected species including dotterel, greater sand plover, redshank, curlew, various tern species, pratincoles and even woodchat shrike. The two suspects were unable to prove the origin of the birds; many rings were unclosed or forged and some birds were not ringed at all. The head of the smuggling ring was caught red-handed by the Norwegian customs two years ago. His VW minibus at that time had been equipped with concealed compartments that contained numerous wader and song bird eggs and chicks. The internet activities of the traders had been monitored for some considerable time. Although they had been offering most uncommon species for sale for years, charges laid with the police had not been successful to date. More information and pictures (at present in German only) at Over 300 birds of protected species like redshank were confiscated following raids by German police Andy Hay (rspb-images.com)

15 Slaughter on Cyprus BirdLife Cyprus, has recorded one of the worst single incidents of the slaughter of birds of prey in Europe in recent years. The incident, which took place within the Akrotiri British Sovereign Base Area (SBA), involved the gunning down of 52 red-footed falcons, which were migrating through the island. This species is in serious decline across Europe and listed by the IUCN as near threatened. On Friday 5 October, 46 red-footed falcons were recovered dead, and another six were left with horrific injuries and later died. Mike Miltiadous, a BirdLife Cyprus research officer, said, I have never come across such a scale of a massacre of birds of prey in Cyprus. The Akrotiri SBA shares a border with the Republic, and it is reported that hunters are taking advantage of the lack of joint anti-poaching patrols by the SBA Police and the Cyprus Game Fund, which regulates hunting on behalf of the Cypriot government. There are reports of hunters running wild along the border between the SBA and the Republic, simply stepping across the dividing line to avoid detection. BirdLife Cyprus also called for an immediate ban on shooting on the entire Akrotiri peninsula. Although almost all the peninsula is a protected reserve, a narrow coastal strip along the west is opened for hunting turtle doves and quails from early September to mid-october. of cruelty to such an important migratory species. It is ironic that due to the protection of the habitat, the Sovereign Base Areas, as well as being a hotspot for migratory birds, have also become a hotspot for illegal hunters. The SBA Police, working with the Cyprus Game Fund, have spent over 1000 hours on anti-poaching activities in 2007 and made 17 arrests. We believe that environmental education will be very important to tackle this in the long term and are pleased that our Environmental Education Centre at Akrotiri has been selected as part of the RoC's school's curriculum. Through this work we hope that future generations on Cyprus will appreciate more fully the value of their exceptional natural heritage and not tolerate such activities. The SBA Police have stated that they have made two arrests in connection with the incident and two local men will appear in court on 6 November. The potential maximum punishment is a fine of 10,000 and three years in prison. Dr Ian Davidson-Watts, Head of the SBA Environment Department stated, We are disgusted by this wanton act RSPB In one of the worst incidents of the illegal killing of birds of prey in Europe in recent years, 52 red-footed falcons were found slaughtered on the island of Cyprus Man steals iguanas in false leg A Californian man has been charged with using his false leg to smuggle three endangered iguanas from a nature reserve in Fiji to the United States. Prosecutors say Jereme James stole the banded iguanas while on a visit to the South Pacific island in He is alleged to have constructed a special compartment inside his prosthetic limb to move the reptiles. Officials began investigating Mr James after receiving a tip off that he was in possession of several of the beasts. The Fiji Island banded iguana, noted for its bright green skin, is threatened with extinction and protected under the Convention on International Trade in Endangered Species (CITES). James could face up to five years in prison if convicted. Having been informed that James had several specimens at his home, the United States Fish and Wildlife Service launched an undercover investigation into his activities. On one occasion, James allegedly told an undercover agent that he sold three banded iguanas for the sum of $32,000 ( 16,000) four years ago. When James's house was searched in July, agents are said to have found a further four banded iguanas. Officials say they think James was breeding the animals for sale. That's what we believe has been going on, said Assistant US Attorney Joseph O Johns. Mother Nature has taken her course. The iguanas will now be placed in a breeding programme in the US.

16 189 ring-billed gulls were killed when a pickup truck driven by Daniel Gallagher ploughed through the roosting birds Roger Wilmshurst (rspb-images.com) Philadelphia carnage A judge in Philadelphia convicted a longshoreman of killing 189 gulls that were roosting at a marine terminal and fined him the minimum $14,175 ($75 per bird). Daniel Gallagher, the president of an International Longshoremen s Union local, was also ordered to pay $5000 in restitution for a company-owned pickup truck that was wrecked when he ploughed through the birds and crashed. Gallagher had previously testified that he was talking on a walkie-talkie and trying to grab a spilling coffee cup when the gulls flew up in front of his windshield in February I don t know if I hit the brakes or not, he said. I just panicked. Assistant District Attorney Bill James said Gallagher went out of his way' to drive through the flock at Packer Marine Terminal. He also showed a videotape of a 200 ft (60 m) path of dead birds. Prosecutors had requested Gallagher, of South Philadelphia, be fined the maximum of $47,800. Municipal Court Judge Deborah Shelton Griffin rejected that figure, saying she believed the bird massacre was the result of an accident. Gallagher s lawyer, S Philip Steinberg, said he would appeal and seek a trial in Common Pleas Court. AND FINALLY Blog off! RSPB Investigations recently launched its own web blog. This is an internet diary page featuring the latest views from the front line of bird protection. The diary can be visited at blogs.rspb.org.uk/investigations 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. BirdLife INTERNATIONAL The RSPB is the UK charity working to secure a healthy environment for birds and wildlife, helping to create a better world for us all. We belong to BirdLife International, the global partnership of bird conservation organisations. Regd charity England & 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: For more information on wild birds and the law, visit