LEGAL EAGLE. Gamekeeper loses appeal against custodial sentence THE RSPB S INVESTIGATIONS NEWSLETTER. MARCH 2005 No 44.

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1 LEGAL EAGLE THE RSPB S INVESTIGATIONS NEWSLETTER MARCH 2005 No 44 Gamekeeper loses appeal against custodial sentence Manchester Evening News Cripps leaving Buxton Magistrates Court after his conviction. The appeal of gamekeeper John Reginald Cripps against conviction for offences of disturbance and destruction of goshawk eggs was dismissed at Derby Crown Court on 8 December 2004 after a three-day hearing. The threemonth suspended sentence awarded earlier at Buxton Magistrates Court, the first custodial sentence for bird of prey persecution, remains in place (see Legal Eagle 42). While monitoring goshawks in the Derwent Valley, Derbyshire, in April 2002, members of the South Peak Raptor Group and then WCO PC Steve Downing heard a goshawk alarm calling from an area of woodland that they suspected held an active nest. Moments later, they saw two local gamekeepers leaving the wood. An RSPB investigations officer found the nest site to be intact and the female goshawk incubating. However, a few days later, raptor workers found that the tree had been climbed by someone with spikes, and the nest and eggs destroyed. Police and the RSPB searched Cripps address, and found tree-climbing spikes and a game-keeping diary. The nest tree was felled and sections containing the spike marks were removed for examination by the Forensic Science Service. This showed moderately strong evidence that the marks on the nest tree had been made by the spikes seized from Cripps. The game-keeping diary contained coded entries. The prosecution argued that these related to the persecution of three goshawks, nine peregrines, two ravens and a sparrowhawk, all in a four-month period in the Derwent Valley. Importantly, one of these entries appeared to relate to the goshawk nest in question. Cripps, of Birchinlee, Derbyshire, was summonsed with 16 persecution-related charges. He appeared for trial at Buxton Magistrates Court on 29 January During the four-day trial, Cripps produced a live bantam and roller pigeon, claiming that the coded entries in his diary related to his birds being killed by predators. This contradicted his earlier assertion in interview that one related to the weather conditions and the others were just doodlings. continued overleaf... In this issue: Serial egg-collector jailed for third time

2 continued from page 1 District Judge Chalk found the defendant guilty of recklessly disturbing the goshawk, destroying the goshawk eggs and having climbing spikes capable of being used to commit this offence. Furthermore, Judge Chalk said he suspected the coded entries did all relate to persecution, but that he could not be sure they meant killing, meaning it was unsafe to convict on these matters. Cripps received a suspended sentence of three months and was told that only exceptional family circumstances prevented a custodial sentence. The appeal on 6 December 2004 at Derby Crown Court heard new defence evidence in relation to predation and condition of the nest tree, but scientists giving evidence for the prosecution including goshawk expert Dr Steve Petty countered this. After three days, Judge Stretton dismissed the appeal, saying, Even if Mr Cripps hadn t been the individual who actually climbed the nest tree, he was present on the day and it was under his orchestration and using his climbing spikes and he was, therefore, guilty. In relation to the coded entries, he commented that the symbols were significant and did relate to something being destroyed, but not birds belonging to Mr Cripps. Judge Stretton added, Mr Cripps explanation during interview was ambiguous at best and his explanation of the code Derwent Valley, a traditional goshawk stronghold. relating to the destroyed goshawk nest was simply untrue. The RSPB would like to thank all the witnesses and the CPS particularly Eva Moncaster-Sherratt and Neil Hoodlass and barristers Geoffrey Dann and Siward James-Moore. Mark Thomas PROSECUTIONS Third time unlucky On 20 January 2005, Matthew Gonshaw, of Cherrywood Close, Bow, London, pleaded guilty at Thames Magistrates Court to 10 charges under the Wildlife and Countryside Act 1981 (WCA). These related to taking rare birds eggs in 2004, plus possession of 578 birds eggs and egg-collecting equipment. The magistrates stated the offences were so serious that they had no option but to impose a six-month custodial sentence the highest since new sentencing powers were brought in under the Countryside and Rights of Way Act Remarkably, Gonshaw had only just been released from prison in Scotland on 14 January, having completed a four-month sentence Gonshaw received a custodial sentence. Metropolitan Police for egg-collecting. On 18 October 2004, Gonshaw pleaded guilty by post at Oban Sheriff Court to three charges of taking and possessing birds eggs, plus possession of egg-collecting equipment. Having later failed to appear, he was remanded in custody and sentenced on 6 December, becoming the first person to receive a custodial sentence in Scotland since the amendments brought in by the Criminal Justice (Scotland) Act in He also received a 5,000 fine. Gonshaw has two previous convictions for egg-collecting, including his first custodial sentence in 2002 for taking eggs though, significantly, his collection was never found (see Legal Eagle 33). On 1 June 2004, birdwatchers on the island of Tiree saw Gonshaw collecting eggs. They alerted the local RSPB warden, who persuaded him to return them to their nests. The local police were contacted, but did not check his identity thoroughly and Gonshaw was able to leave the island and return to London. Once his identity was fully known, Strathclyde Police sent a report to the Procurator Fiscal, resulting in 2 the conviction and imprisonment at Oban described above. Subsequently, as a result of efforts by WCOs Sergeant Ian Knox and PC David Flint of the Metropolitan Police, warrants were executed at two addresses in London on 8 and 10 June, assisted by the RSPB. From his father s address, over 600 eggs were recovered, many taken by Gonshaw during the last 10 years. At his home, a thorough search found a hidden compartment inside his bed containing over 100 eggs, believed to have been taken during These included a clutch from the black-tailed godwit, one of the UK s rarest breeding birds with a fragile population of around 40 pairs. His collection contained the eggs of other rare breeding birds, including the red kite, avocet, chough and roseate tern from the Irish Republic. Binoculars, documentation, books and eggcollecting equipment were also seized and subsequently forfeited by the court. We hope this recent conviction and loss of egg collection will finally serve as some deterrent to Gonshaw. The RSPB would like to thank Sgt Knox and PC Flint for their efforts with this case.

3 Hawk trap conviction for pigeon fancier On 3 November 2004 at Calderdale Magistrates Court, Henry Stanley Reid, of Brow Lane, Shibden, Halifax, pleaded guilty to attempting to take a wild bird. He was fined 200 and 60 costs. for this species. The RSPB provided a statement in relation to the trap and suggested a number of charges, although the CPS only proceeded with that of attempting to take a wild bird. The home-made cage-trap that Reid was using to try and catch sparrowhawks. Guy Shorrock (RSPB) On 8 April 2004, WCO Roman Soltan attended a report of a trap set in the garden of Reid s neighbour. He found a set home-made cage-trap, similar to a Larsen trap, baited with three live zebra finches. It was clearly a hawk trap and enquiries established that Reid, a pigeon fancier, had placed it there. When interviewed, Reid admitted placing the trap and having recent problems with a sparrowhawk. He claimed he had set it for a magpie although the manner in which it was set would have been illegal, even The RSPB provided a statement in relation to the trap and suggested there was evidence of using an illegal trap and attempting to take a sparrowhawk, contrary to Sections 5(1)(b) and 18(1) of the WCA. The CPS, for reasons not understood, advised no action on the substantive offence under Section 5 and amended the other to attempting to take a wild bird. Reid is believed to be the sixth pigeon fancier in England and Wales prosecuted for offences against birds of prey. Although recent studies indicate that losses of racing pigeons to birds of prey are negligible when compared to losses through straying, exhaustion and collisions, some individuals still seem prepared to take the law into their own hands. PC Soltan s prompt action in seizing the trap and interviewing Reid was instrumental in the success of this case. Fine for gamekeeper s unlawful storage of pesticides WCO Alan Stewart reports on a successful case from Tayside: On 15 December 2003, David Stewart, a self-employed gamekeeper from Ballinluig, Perthshire, pleaded guilty at Perth Sheriff Court to offences under the Food and Environment Protection Act and Control of Pesticides Regulations. These related to the storage of the pesticides alphachloralose and Cymag beyond the terms of their approval. He was fined 1,200. During March 2004, two pesticide abuse incidents took place in Perthshire. These resulted in the recovery of a number of rabbits baited with carbofuran, and several dead buzzards and a carrion crow that had eaten the bait. Tayside Police WCOs made further enquiries, assisted by the Scottish Executive Environment and Rural Affairs Department (SEERAD) and the RSPB. A search of Stewart s vehicles and sheds recovered an unmarked tub of alphachloralose from under the front seat of an unlocked four-wheel drive vehicle. A tin of Cymag was recovered from an open garage. Alphachloralose is one of the most regularly abused substances for the illegal killing of birds of prey, and Stewart was unable to indicate a legal use for it. Cymag is legally used for controlling rabbits and rats and gives off the very toxic hydrogen cyanide gas when in contact with moisture. There are strict conditions on the storage and use of this product. The approval of this product has been withdrawn since the beginning of 2005 and it is now illegal to use or store the pesticide. Stewart s fine was considerable, and we hope it gives a clear warning to others who keep pesticides in such lax conditions. In Scotland, under the new Section 15A of the WCA, it will become an offence to possess pesticides that are on the proscribed list. It is likely that alphachloralose will be on that list. Conditional discharge for family of egg thieves Three members of a family who were apprehended in March 2004 stealing lapwing eggs from Ringwood water meadows in Hampshire have each been given conditional discharges and ordered to pay 30 costs. All three pleaded guilty to possession of the eggs in front of New Forest Magistrates on 9 July

4 PROSECUTIONS Grower fined for pesticide offences Paul Butt, senior adviser with the Defra National Wildlife Management Team, reports on a case that was investigated under the Wildlife Incident Investigation Scheme (WIIS) by Hampshire Police and Defra: The deaths in January 2004 of at least one dog and a fox in Waltham Chase, Hampshire, prompted the enquiries. It was confirmed that the animals had been poisoned by ingesting the pesticide carbofuran, a toxic insecticide banned in We suspected that attempts were being made to control foxes with illegal baits dosed with this pesticide. Several unapproved pesticides, including carbofuran, were discovered at a nearby horticultural holding. Some had been decanted into bottles and other containers. A number of storage deficiencies were also identified. As a result, Mr J Smith, the owner of the holding in Winchester Road, Waltham Chase, appeared at South Hants Magistrates Court on 12 November He pleaded guilty to two charges involving the storage of unapproved pesticides and failing to take all reasonable precautions with regard to the storage of such products. He was fined 800 on each count, with 70 costs. This case illustrates the value of the good co-operation that exists between organisations such as the police and Defra, and highlights the indiscriminate effects on both domestic animals and wildlife of illegal poison baits. Paul Butt with the seized pesticides. Hampshire Police RSPCA caution gamekeeper over Larsen trap An underkeeper on a shooting estate in North Yorkshire has been formally cautioned by the RSPCA after he admitted causing unnecessary suffering to a carrion crow. The keeper accepted full responsibility for failing to inspect the Larsen trap for several days in May 2004, during which period the decoy crow died. General Licence WLF allows carrion crows to be used as decoys in Larsen traps for pest control purposes, but the trap must be inspected on a daily basis when in use, and the decoy bird must be provided with adequate food, water, shelter and a perch. Joint prosecution follows SSSI damage After admitting causing damage to an internationally important wildlife site, a landowner was fined 7,000 and ordered to pay combined costs of 7, at Bodmin Magistrates Court in July The joint prosecution, brought by English Nature and the Environment Agency against Mrs Nancy Hall, resulted in a fine of 5,000 and costs of 6, being awarded Damage to the protected River Camel. English Nature to English Nature, and a further fine of 2,000 and 1, costs to the Environment Agency. The restoration order sought by English Nature was granted, forcing Mrs Hall to restore the site at her own expense, under the supervision of both organisations. Mrs Hall owns land that lies within the River Camel Valley and Tributaries SSSI, which is internationally important for its significant populations of bullhead fish, and spring and winter salmon. The court heard how, in October 2003, a contractor working on Mrs Hall s behalf removed gravel from the River Camel to resurface an access track and increase the height of the riverbank. Trees and other riverbank vegetation were removed 4 to gain access to the river, damaging two potential otter holt sites and around 600 square metres of riverbed and riverbank habitat. After the hearing, Dr Andy Clements, director of designated sites at English Nature, said, Sites of Special Scientific Interest contain some of the best remaining wildlife in England, which is occasionally damaged by the careless actions of some people. English Nature will take a firm position against people who deliberately breach the legislation aimed at protecting England s wildlife. This case is a good example of both English Nature and the Environment Agency working together effectively to bring a strong prosecution case to benefit wildlife and its habitat.

5 NEWS Not in the public interest? Legal Eagle 43 reported on the successful conviction of a gamekeeper and his employer for offences relating to pesticides. The enquiry started when a member of the public found a cage-trap containing three chickens. The RSPB visited the site and eventually filmed the gamekeeper tending the trap. Evidence suggested that the trap had been set to catch goshawks. The gamekeeper was reported for offences under the WCA relating to attempting to take a goshawk and unlawful use of a cage-trap. These matters were adjourned pending the results of the pesticide offences, which the defence had eventually elected to take to Crown Court. The RSPB believed that, once these matters were concluded in September 2004, the summary matters would proceed. However, the CPS announced that, due to the delay of around 20 months since the start of the investigation, it was no longer in the public interest to pursue the matter. Though the CPS s The cage-trap, containing bantams, believed set to catch goshawks. Police seize ivory in London raids On 21 November 2004, following a series of raids across London shops, police seized ivory products with a street value of over 25,000. The operation, spearheaded by the Metropolitan Police in collaboration with the Gloucester and Avon and Somerset constabularies, has furthered efforts to crack down on the illegal ivory trade. Other police raids in Gloucestershire, assisted by HM Customs and Excise and TRAFFIC International, resulted in significant quantities of raw ivory also being seized. Initial estimates place the haul at over 100 kg. Andy Fisher, head of the Metropolitan Police wildlife crime unit, said, This co-ordinated operation shows the police s commitment to tackling the illegal trade in endangered species. This is an important area of crime, which support during this case has been positive, we believe this decision is fundamentally wrong. The WCA specifically allows proceedings to be taken up to two years after the offence is committed. Much of the actual delay was due to the deliberations of the defence. Based on experience of other cases, we believe this case should have been put before a court. will continue to prosper as long as consumers in the UK buy endangered species products. These enquires are often hindered as offences under COTES are still not arrestable. New powers and penalties were approved by parliament in November 2003, under the Criminal Justice Act, to increase the maximum prison sentence for wildlife trafficking from two to five years and to give the police the power of arrest for such crimes. However, this new legislation cannot be used as Defra has failed to issue new regulations. The House of Commons Environmental Audit Committee has recently called on Defra to bring the new law into force without further delay. The continuing existence of ivory markets, particularly in Africa and There is some consolation, however, in the fact that CPS representatives on PAW (Partnership for Action against Wildlife Crime) are considering drawing up some guidelines on public interest criteria for future wildlife cases. The RSPB would like to thank the Game Conservancy Trust for its assistance with the enquiry in providing expert evidence on aspects of pheasant rearing. Asia, remains one of the greatest threats to elephants today. Poaching for ivory is seriously threatening elephant populations in many African countries. Fifty years ago, there were up to three million elephants roaming the continent; today, environmentalists believe there may be less than half a million. The plight of Asian elephants is even more precarious. Poaching for ivory, combined with massive habitat loss, may have left as few as 35,000 in the wild. Metropolitan Police Service Guy Shorrock (RSPB) 5 Police seized significant quantities of ivory.

6 NEWS New Schedule 4 species list proposed by JNCC The Government s scientific advisor, the Joint Nature Conservation Committee (JNCC), has recommended a new list of bird species to be included on Schedule 4 of the Wildlife and Countryside Act Schedule 4 birds have to be ringed and registered with Defra in accordance with Section 7 of the WCA if they are kept in captivity in the UK. The proposals follow Defra s public consultation exercise after which 90% of the individual responses favoured no change to the current registration scheme. Nevertheless, Defra decided to invite JNCC to review the criteria for listing birds in Schedule 4 and to come up with a new species list based on these criteria. JNCC s proposals meet with the broad approval of the RSPB, which has been pushing for Schedule 4 to include more globally-threatened birds, while retaining many of the high value, sought-after native species that are threatened by nest robbery. The proposals include retaining the peregrine and goshawk (and other birds of prey) and, encouragingly, adding a number of threatened exotics, such as the Bali starling and Lear s macaw. However, a number of large falcons which the RSPB would like to see listed because of the demand for the species in trade are currently omitted. These include the saker falcon, whose global populations have crashed in recent years (see Legal Eagle 39 and 42), partly because they are taken from the wild for the falconry trade (see page 10). The JNCC proposals can be downloaded at The issue is expected to go out to public consultation again this year before a final decision is reached. JNCC s recommendation to Defra includes keeping the peregrine on Schedule 4. Niall Benvie (rspb-images.com) Shambles in North Yorkshire trapping case In 2002, the RSPB received detailed information about bird of prey persecution on the North Yorkshire moors. In April 2003, we located a cage-trap baited with a live pigeon on a grouse shooting estate. Cagetraps can be used legally to catch crows, but the use of a live pigeon not to mention an area littered with pigeon corpses and feathers clearly indicated that attempts to trap birds of prey had been taking place for some time. Our attempts to link the suspect with the trap were unsuccessful and we reported the matter to North Yorkshire Police. In September, the police executed a warrant at the home of a nearby gamekeeper, assisted by Defra and the RSPB. The trap had been removed, but there was clear evidence of the unlawful storage and use of a number of pesticides. The gamekeeper was interviewed and, although he admitted it was his cage-trap, he denied trying to take birds of prey. He accepted he had committed numerous offences in relation to his storage and use of pesticides and was reported for these. The RSPB has consistently found the management, storage and use of pesticides on shooting estates to be very poor and a potential hazard to people and the environment. This case was of particular concern, and the charges included the improper use of a very toxic fumigant and the failure to ensure that the suspect s son did not have access to a pesticide. There appeared to be management failures in relation to pesticides and we hoped these matters would be pursued. Unfortunately, there was very poor communication by the police and the CPS. The police failed to progress the investigation against the estate management and, in June 2004, the CPS withdrew the case against the gamekeeper because of apparent public interest concerns over the delay. This is one of a number of recent instances where the RSPB has been disappointed with the handling of a case by the police and/or CPS. Of particular concern has been the failure to consult with appropriate agencies and the inconsistent use of public interest criteria. Encouragingly, North Yorkshire CPS has since agreed to appoint a prosecutor to deal with all future wildlife cases. However, the RSPB is still waiting for an official response from the North Yorkshire Police. 6

7 No Turkey at Christmas Following information from the National Wildlife Crime Intelligence Unit on 8 September 2004, the West Midlands Police executed a warrant at the home of a convicted egg collector. They found a box of some 70 eggs, and arrested and interviewed the suspect. He claimed he had been present when these had been taken in Turkey in spring 2004, but that another person, who he refused to name, had brought the eggs into the UK. A number of seized photographs also indicated the eggs were all from Turkey. It appears that a number of egg collectors are increasingly travelling abroad. There have been recent amendments to the definition of wild bird under the WCA to give Guy Shorrock (RSPB) Some of the Turkish eggs subject to the Defra destruction notice. increased protection to birds across the EU. However, in this case, with no offences under the WCA or CITES, the police believed they would have to return the eggs. The RSPB contacted Defra about the provisions of the Importation of Animal Products Order 1980, which requires that the eggs from Turkey be issued with an appropriate licence before they can be landed in the UK. Though it could not be established who had landed the eggs, there was provision for them to be destroyed on public health grounds. A Defra notice was issued and, on 21 December, the items were destroyed. We think this is the first time this legislation has been used in relation to egg-collecting. The RSPB is grateful for the efforts of a number of Defra staff in this matter. Welsh enforcement priorities launched at Gwent conference Carwyn Jones, Environment Minister for the Welsh Assembly, and Richard Brunstrom, Chief Constable of North Wales Police, used the fourth Welsh Environment and Wildlife Crime Conference to launch the Welsh enforcement priorities. While the national priorities (hen harrier persecution, Operation Bat and CITES enforcement) would still apply in Wales, the minister told the 135 delegates at Newport, Gwent, on 15 November 2004, that Welsh enforcement would focus on damage to SSSIs by road vehicles, damage to SSSIs by illegal burning and unlawful development affecting European Protected Species. Every Welsh WCO, he said, would be made aware of these priorities and given a pack containing maps of SSSIs and CCW contact details. Richard Brunstrom also referred to the recommendation of the House of Commons Environmental Audit Committee (EAC) that all wildlife crimes should be recordable. He said that the police should record all wildlife crime on the National Standard for Incident Recording (NSIR) scheme. He said this had been agreed by the Association of Chief Police Officers and the Government, and would be mandatory for every force. A list of wildlife crimes for recording was being identified with a target implementation date of 31 March Mr Brunstrom finished on an upbeat note, saying that the EAC had recognised the Welsh Police/CCW partnership as best practice and that the future looked positive. Leave house martins alone! Each year, the RSPB receives a number of complaints about householders destroying house martin nests under the eaves of their houses, and 2004 was no exception. We had reports from Northern Ireland, Norfolk, Essex and Yorkshire of house martin nests being removed while the adult birds were feeding chicks. While the police investigated each of these cases, only one has resulted in a court case. On 20 September 2004, at Harlow Magistrates Court, Essex, Richard McMillan, of Park Street, Thaxted, was found guilty of destroying five house martin nests, given a 12-month conditional discharge and ordered to pay 86 costs. The house martin is a member of the swallow family and migrates to the UK from Africa each summer to nest. The birds plaster their mud nests under the eaves of houses, which can lead to conflict with householders who object to any mess created under the nest. The house martin, its active nests, eggs and young are fully projected under the WCA. It is an amber-listed species of conservation concern because the UK population has declined by 32% over the last 30 years. A free leaflet explaining how to cater for nesting house martins is available from the RSPB. 7

8 WILDLIFE AND CONSERVATI Ossie the osprey shot twice! An osprey found with shot wounds but nursed back to health by the Hawk Conservancy Trust in Hampshire has been found shot dead in Spain. The bird was initially found with shot wounds and taken to the Trust for rehabilitation. It was released on 28 September to continue its journey south. Sadly, and for the second time, the bird fell victim to illegal shooters this time with tragic consequences. Freshwater pearls still sold illegally Jewellery shops in Scotland continue to stock samples of freshwater pearls, despite protection under the WCA. Freshwater pearl mussels receive full protection which was strengthened in March 1998 which bans fishing, selling or advertising them for sale. Despite this, spot checks of Glasgow jewellery shops in 2004 by Strathclyde Police and Scottish Natural Heritage found freshwater pearls for sale. Jewellers can apply to the Scottish Executive for a licence to sell pearls acquired before 1998 legally, but only if their application is based upon supporting evidence. Scotland holds half the world s population of freshwater pearl mussels, although there are only 61 known breeding sites left in the country. Anyone finding native freshwater pearl mussels for sale in the UK is urged to contact a local WCO or John Ralston at SNH ( ). The protection of migrating species depends on the co-operation of a chain of countries along the migratory route. This case shows what happens if one of the links is broken. Osprey by Chris Gomersall (rspb-images.com) Scottish Natural Heritage 8

9 ON NEWS DNA badger bank A new RSPCA project will deliver a database of badger DNA for enforcement officers for the first time. Barry Fryer, chief superintendent of the RSPCA s special operations unit, said, The database should significantly improve our chances of successfully prosecuting diggers and baiters. In the past, we have been unable to proceed with cases through insufficient evidence linking the defendants to particular badgers. With the extra supplementary evidence the DNA profiling will provide, we are confident that the cases we put forward will withstand the scrutiny of a court of law. The RSPCA has commissioned Wildlife DNA Services Ltd to set up the database of hundreds of badger samples. In 2003, it received 241 complaints of badger digging in the UK. Under the Protection of Badgers Act 1992, it is illegal to interfere with a badger sett. The maximum sentence is six months imprisonment and a 5,000 fine. Unhappy Christmas for Scottish peat bogs Officers from Scottish Natural Heritage (SNH) and the police are concerned by the increase in the amount of Sphagnum moss being removed illegally from peat bogs to supply the Christmas wreath trade. The moss forms the top layer on many protected peat bogs and is especially in demand during the festive season. Gangs from England are reported to be stealing Sphagnum and other plants from Scotland to sell to garden centres across Britain. SNH and Strathclyde Police have launched a campaign to urge gardeners to boycott products that they suspect contain stolen plants. INTERNATIONAL Changes to CITES birds The 13th CITES conference took place in Bangkok, Thailand on 2 14 October As usual, proposals to alter the species on the CITES appendices were debated and voted upon. The results of the five bird proposals were as follows: the bald eagle was transferred from Appendix I to Appendix II the yellow-crested cockatoo was transferred from Appendix II to Appendix I the peach-faced lovebird was deleted from Appendix II the lilac-breasted amazon was transferred from Appendix II to Appendix I the painted bunting was not included on Appendix II. Maltese courts get tough A Maltese court recently made history when it jailed two hunters and fined a third for killing swans. Mario Spangol, 42, was jailed for six months and his brother David, 33, was fined more than 1,200 euros. Their cousin, Jason, was jailed for 21 months as he was already on a suspended sentence. All three hunters were brought before the court for the first time in January 2002, when they were charged with killing seven swans. The magistrate ordered the confiscation of a boat, guns and other equipment, and banned the men from holding a hunting licence for five years. This effectively means life, as failure to renew for five years precludes further applications. The RSPB s main concern at CoP13 was the proposal to transfer the yellow-crested (lesser sulphur-crested) cockatoo from Appendix II to Appendix I. This is a critically endangered species, and we are delighted that the proposal was adopted. We think this listing will strengthen the ability of the Indonesian Government and other governments to reduce damaging and illegal trade in this bird. In a number of different sentences on the same day, the same magistrate fined a number of hunters considerable sums of money varying from 500 to 1,250 euros for hunting offences including the shooting of honey buzzards. This is good news from an island with a poor reputation for controlling illegal hunting of migrant birds. 9

10 INTERNATIONAL Hunting tourism under fire The autumn and winter of 2004 saw a rash of reported incidents involving illegal hunting of protected birds in eastern Europe by hunting tourists from EU countries. In August, a group of Greek hunters was stopped trying to smuggle a bag containing a hoopoe, bee-eater and six golden orioles from Bulgaria. The problem is not a new one in Bulgaria. A few years ago, a group of Italian hunters shot over 17,000 birds in the country, including a number of globally threatened corncrakes. In September, leading NGOs in Serbia called on their government to permanently ban hunting of the common quail and turtle dove, after research showed that large numbers of these species were shot by foreign tourists Groups urge EU to end wild bird imports using tape lures and pump-action shot guns, both of which are illegal. It was estimated that as many as 90% of the quails in the country were killed using these techniques. A month later, Croatian customs officers found 1,000 kg of dead birds in a refrigerated lorry bound for Italy, including over 8,000 quails and nearly 1,500 turtle doves hidden under a pile of logs. The consignment was said to be worth 21,000 on the black market. In December, routine inspection of luggage with an x-ray machine at Munich airport uncovered four suitcases containing the corpses of over 2,000 meadow pipits, en route from Romania to Italy. Most of the birds in these cases were intended for sale in restaurants in Italy where dishes using songbirds ( ucelli ) are considered gourmet food. More than 200 non-governmental organisations have called for a permanent ban on the importation of wild-caught birds into the EU. They say the trade imperils species, causes needless suffering and subjects humans to the risk of deadly disease. The EU Wild Bird Declaration was delivered to Member States, EU Commissioners and Members of the European Parliament. Guy Shorrock (rspb-images.com) The declaration urges the EU to extend its current moratorium on bird imports from Asia into a permanent ban covering all wild-caught birds. Signatories which include the RSPCA, Defenders of Wildlife, Greenpeace, American Bird Conservancy, Pro Wildlife and the World Parrot Trust warn that continued trade in wild birds exposes Europeans to potentially deadly outbreaks of infectious diseases like Asian bird flu, which killed 32 people last year. The EU is by far the world s largest consumer of wild-caught birds, accounting for more than 80% of imports worldwide roughly a million birds each year. The declaration points out the inconsistency of protecting native birds under the European Birds Directive while importing wild parrots and songbirds from developing countries by the million. The RSPB, which is increasingly concerned that the bird trade brings no conservation benefits and may be damaging to some wild populations, is currently reviewing its position on this issue. The Lear s macaw: one of the species threatened by trade. The full text of the declaration and a complete list of signatories are available at: 10

11 Kyrgyz falcon seizure Investigators have seized 125 saker falcons, worth an estimated $5 million, that were being smuggled to Syria from a Russian military airbase in Kyrgyzstan. The birds were found as they were about to be flown from the Kant airbase, which Russia opened last year to strengthen security in central Asia. A spokesman said it was the biggest bird smuggling racket uncovered in the impoverished ex-soviet state. The birds were hidden in boxes and were being loaded on to a passenger plane at the airbase, near the Kyrgyz capital, Bishkek. Most, if not all, of the birds were subsequently returned to the wild. The saker has long been popular among Arab falconers for hunting houbara bustards. Its numbers in the wild have declined due to the cultivation of steppe-land, the use of pesticides and trapping for sale to the Middle East. Kyrgyzstan has pairs of sakers. The species is protected in most countries and covered by CITES. The RSPB believes it should be placed on Schedule 4 of the WCA (see p6 and Legal Eagle 39 and 42). Mark Thomas (RSPB) Vultures poisoned in Croatia Croatia experienced its worst wildlife-poisoning incident in December 2004, when 17 griffon vultures were found dead on the island of Rab, off the Adriatic Coast. Toxicology results showed the birds were poisoned with carbofuran, the use of which has been banned since 2001 in the UK. Despite this, it remains the pesticide most commonly implicated in the poisoning of birds of prey, a practice that appears to be spreading in Europe. According to local conservationists, a shepherd has admitted to placing the poison on a dead sheep to kill dogs and jackals. Police found carbofuran being stored in two houses and being sold from a shop on the island. The potential fine in Croatia for poisoning this number of vultures could amount to 93,000 (133,000 euros). Eight thousand antelope horns seized In August 2004, customs officers in the southern Guangdong province of China seized more than 8,000 antelope horns weighing over two tons, smuggled from Russia to make traditional Chinese medicines. Some of the horns were believed to belong to the threatened saiga antelope, a CITES Appendix I species. While China has outlawed trade in wildlife products, it has a large domestic market for traditional medications. Eagle crime sentencing criticised Courts in New South Wales, Australia, have been criticised for handing out inadequate sentences for wildlife crimes, so trivialising the offence and the laws. In October 2002, National Park rangers discovered four wedge-tailed eagles chained to logs with their wings pinioned, surrounded by 48 open steel-jawed traps. A farmer admitted trapping the eagles and keeping them alive to attract other eagles, which he believed were killing his goats. He claimed he had caught and killed 10 eagles in this way. The decoy eagles were found to have suffered serious injuries and one died before it could be examined by a vet. The farmer was charged with cruelty and trapping offences punishable by fines of over AUS $74,000 and a two-year jail sentence. In February 2004, when the matter came to court, the farmer pleaded guilty to all the offences, but was fined just $1,750 2% of the possible sentence. An appeal was mounted, but the appeal court found no reason to alter the magistrate s decision and awarded costs against the prosecution. 11

12 Greater Manchester Police Recognition for Jim Jim Nisbet retired from Greater Manchester Police on 11 December Shortly before his retirement, Chief Constable Michael Todd presented him with a PAW certificate of merit for his invaluable commitment and contribution to wildlife conservation and enforcement over many years. Jim had been wildlife officer for the Bolton division since 1995, when he became the first voluntary divisional wildlife officer in the force. Operation Artemis Observant readers may have noticed in Legal Eagle 43 that the RSPB claimed ownership of Operation Artemis in Breeding season round-up (page 7). This was unintentional, as Operation Artemis is a police-led initiative. See for further details. We apologise for any confusion. Write to be read We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions in your force. Send your articles to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by to sarah.eaton@rspb.org.uk or by fax to The views expressed in Legal Eagle are not necessarily those of the RSPB. Please help us keep the WCO mailing list up to date by letting us know of any changes. The RSPB UK Headquarters, The Lodge, Sandy, Bedfordshire SG19 2DL Tel: 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. Northern Ireland Headquarters, Belvoir Park Forest, Belfast BT8 7QT Tel: Scotland Headquarters, 25 Ravelston Terrace, Edinburgh EH4 3TP Tel: Wales Headquarters, Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: Regd charity no