LEGAL EAGLE. The RSPB s investigations newsletter. JANUARY 2001 No 27. Page 2 A crime in the classifieds

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1 LEGAL EAGLE The RSPB s investigations newsletter Page 2 A crime in the classifieds Page 5 More red kites fall victim to poison Page 6 Badger sett-back worrying implications for badger protection JANUARY 2001 No 27 New powers for police as CRoW takes off The Countryside and Rights of Way (CRoW) Act 2000 received Royal Assent on 30 November. The Partnership for Action Against Wildlife Crime (PAW) proposals for legislative change now turn into law in England and Wales. Similar proposals for Scotland are under discussion, but there is currently little action on legislative change for Northern Ireland. An amendment to Section 24(2) of the Police and Criminal Evidence Act 1984 (PACE) means a new power of arrest for police officers. From February 2001, when the Act takes effect, police officers can arrest a person for killing, taking, disturbing, possessing or selling a wild bird listed on Schedule 1 of the Wildlife and Countryside Act 1981 (WCA), or taking, possessing or selling animals or plants listed on Schedules 5 and 8. Part 3 of the CRoW Act 2000 also strengthens the enforcement provisions against wildlife offences included in Part I of the WCA. Key changes are: the option of custodial sentences of up to six months and maximum financial penalties of 5,000 for all offences the addition of the word reckless to offences of intentional disturbance of birds on Schedule 1 and animals on Schedule 5 at their nest or place of shelter respectively an increase in the range of offences for which a justice of the peace may grant a search warrant to include all offences under Part I specific powers for police officers to require tissue samples from specimens for DNA analysis standardisation of time limits for bringing a prosecution for all offences under Part I to six months from the date on which evidence first came to light but no more than two years after the commission of the offence a new offence of intentionally or recklessly New law gives jail options for offences involving Schedule 1 birds in England and Wales disturbing dolphins, whales or basking sharks. Other areas covered by the CRoW Act are: a statutory right of access to open country the reform of some aspects of the rights of way network the reform of wildlife site protection the legislative underpinning of the Biodiversity Action Plan process a strengthening of protection of Areas of Outstanding Natural Beauty. Graham Elliott, Head of RSPB Investigations said The legislation to help protect wildlife in England and Wales has taken a significant step forward. The CRoW Act shows quite clearly that Parliament gives its full support to the fight against wildlife crime. We now look forward to Scotland and Northern Ireland following suit. C H Gomersall (RSPB Images)

2 COURT CASES COURT CASES COURT CASES A crime in the classifieds PC Andy McWilliam, Merseyside WLO, reports on a recent case which began with a newspaper advertisement. An advert offering stuffed birds for sale including birds of prey and owls appeared in the Liverpool Echo on 19 January Following a call by a member of the public, the RSPB passed the details to me. Responding to the advert I spoke to Alan McGlynn of Buckingham House, Liverpool, telling him I was interested in some owls. When I asked about documentation, he said, You don t need anything like that, they re all legit. Having discussed prices, I told him I would call on him in the next couple of days. I called on McGlynn on 24 January complete with a search warrant under the Wildlife and Countryside Act I found about 30 taxidermy specimens, mostly owls and birds of prey, which McGlynn claimed were from a variety of sources including taxidermists, car-boot sales, second-hand shops and an unnamed gamekeeper. I seized several Annex A-listed specimens including four barn owls, three little owls, a buzzard, a sparrowhawk and a kestrel. McGlynn admitted offering and keeping the specimens for sale without the appropriate Article 10 Certificates. He also admitted previously selling a WLO PC Andy McWilliam with the seized birds barn owl. This was later recovered after a search on another Liverpool address. McGlynn was charged with 13 offences, six of offering for sale, six of keeping for sale and one of selling Annex A specimens contrary to Regulation 8 of COTES. During his trial at Liverpool Magistrates Court on 24 August 2000, a defence under COTES Regulation 8(4) was put forward suggesting that, as he was unaware of the legislation, he could not be guilty. Thanks to advice from the RSPB and DETR, we were prepared for this argument and Stipendiary Paul Firth ruled that this defence related to a mistake of fact not law in other words, whether McGlynn knew what species he was selling and not whether he knew the Regulations existed. He was found guilty of 13 COTES offences and given a two-year conditional discharge. The birds were confiscated and he was ordered to pay 100 costs. Editor s comment This defence was also put forward in the case against Paul Noble at Luton Crown Court in April 1997 (see Legal Eagle 13). Judge Moss ruled that the defence was limited, on a balance of probabilities, to a mistake as to the nature of the specimen itself. Details of this ruling can be obtained from the RSPB or DETR. Courtesy of Merseyside Police Life ban for convicted bird club boss Cliff Harrison of the Royal Society for the Prevention of Cruelty to Animals (RSPCA) Special Operations Unit reports on a case involving wild-taken finches. More than 60 British finches were found when police and the RSPCA searched the home of bird club chairman Trevor Launchbury of Greets Green Road, West Bromwich on 11 January Aviculturist Roger Caton examined the close-rings of the birds and believed that 56 had been tampered with or were over-sized. The birds, which were goldfinches, siskins, linnets, bullfinches and a single greenfinch, chaffinch and reed bunting, were seized. The ringed leg of one of the goldfinches was damaged, and a vet said this was due to the close-ring being forced onto the leg of an adult bird. Launchbury resigned his position as chairman of the Sandwell British Bird and Canary Club following the seizure of the birds. On 18 August 2000 Launchbury pleaded guilty to 17 offences of possession of 2 wild birds and one offence of causing unnecessary suffering to the goldfinch. Three offences relating to possession of decoy traps were withdrawn. In mitigation, Launchbury claimed he had purchased the birds after his own were stolen and hadn t realised they were fitted with tampered rings. However, this did not account for the fact that eight of the tampered rings had been originally issued to Launchbury. He was given a two-year conditional discharge and 300 costs, and was banned from keeping birds for life.

3 COURT CASES COURT CASES COURT CASES Estate staff appeals allowed E A Janes (RSPB Images) Legal Eagle 25 reported the conviction of Martin Joyce, a gamekeeper on the Holkham Estate in Norfolk, who pleaded guilty to 17 offences including the illegal use and storage of pesticides and shooting two kestrels. On 14 June three more individuals connected with the Estate appeared at Fakenham Magistrates Court each facing 12 allegations concerning the permitting of offences contrary to the Food and Environment Protection Act All 12 charges against Viscount Coke were dismissed as no case to answer. However, following a number of complex legal arguments, head gamekeeper John King and agent Richard Gledson were both convicted of three charges relating to permitting the unlawful storage by Joyce of three pesticides, namely aluminium phosphide, sodium cyanide and difenacoum. Gledson was fined a total of 1,200 and King 900, and both were ordered to pay 350 towards costs. The appeals of both men were heard at Norwich Crown Court on 9 October Judge Lawrence stated that, although the standard of supervision of the use of poisons on the estate left something to be desired, he had come to the conclusion that Joyce was on a frolic of his own. Consequently King and Gledson s appeals were allowed. This case raised several issues affecting the investigation and prosecution of poisoning incidents which will be summarised in the next issue. Three otters were among the specimens seized from Jago Stuff and sell Sgt Nevin Hunter from Devon and Cornwall Constabulary describes a case concerning a taxidermist and an auctioneer. In March 1999 I received information that taxidermy specimens buzzards and sparrowhawks were being offered for sale at Pyle s Auctioneers in Hatherleigh near Exeter. With RSPB help, a warrant was executed on 30 June 1999 at Sparks Villas, Black Torrington, Beaworthy, near Hatherleigh, Devon, the home of amateur taxidermist Brian Jago. Taxidermy specimens including a peregrine, kingfishers and tawny owls were seized, along with about 25 frozen corpses including otters, buzzards, a bullfinch and several sparrowhawks. The DETR informed me that neither Jago nor Pyle s Auctioneers had applied for any Article 10 Certificates, nor for licences required under Section 16 of the Wildlife and Countryside Act 1981 to sell otters. A warrant was executed on 19 October 1999 at Pyle s Auctioneers and documentation was seized showing that Jago had sold taxidermy specimens, including otters and raptors, in their sporting sales. Auctioneer Philip Pyle was obstructive and initially refused to be interviewed. He later agreed. Jago pleaded guilty at Tavistock Magistrates Court on 18 August 2000 to nine offences under COTES. He received a conditional discharge and was ordered to pay 55 costs. Pyle pleaded not guilty, and at his trial on 28 September 2000 at Okehampton Magistrates Court, he was convicted of five offences under COTES of displaying for sale and acquiring for sale otters, buzzards and tawny owls. He claimed to have phoned the DETR when presented with the specimens and had been told that, as long as Jago had made the regulation returns to them, he could sell the items. Pyle said that the law was complicated, and that the DETR was always changing the regulations, so how could he be expected to keep up to date with everything?. Even with a conviction for a similar offence in 1989, and the fact that he was a Fellow of the Royal Institute of Chartered Surveyors, the auctioneers professional body, he was given an absolute discharge and ordered to pay costs of 275. When Pyle s premises were searched in October 1999, the police found firearms including a 0.22 rifle and shotgun laying against the cabinet containing the record of sales of the taxidermy specimens. These were seized and he was reported. He was convicted at Okehampton Magistrates Court on 16 April 2000 for failing to take reasonable precautions for the safe custody of firearms and fined 2,000 with 170 costs. This conviction was cited before he was sentenced for the COTES offences and probably had a bearing on the sentence handed out by the magistrates. 3

4 NEWS NEWS NEWS NEWS NEWS NEWS Absolute discharge for macaw dealer WLO PC Roger Joliffe describes the first COTES prosecution for the Avon and Somerset Police brought against a dealer who illegally sold birds imported for a captive breeding programme. Robert William Brastock of Old Down Road, Badminton, Gloucestershire, proprietor of Bob s British Bred Birds, received an absolute discharge at Bristol Crown Court on 9 October 2000 after pleading guilty to five offences relating to the commercial trade in hyacinth macaws. He was ordered to pay 330 costs and the birds subject to the charges were forfeited. The globally-threatened hyacinth macaw has been reduced to about 3,000 individuals in its native Brazil by illegal trading. As it is listed on Appendix I of The Convention on International Trade in Endangered Species (CITES) and Annex A of the EU CITES regulations, commercial transactions are only allowed with Article 10 Certificates issued by the Department of the Environment, Transport and the Regions (DETR). Brastock applied for DETR import licences in October 1998 for six hyacinth macaws and two golden conures, supplied by Birds International Inc in the Philippines. Brastock s import licences stated that the birds were for breeding purposes and the export licences for a captive breeding programme, and that the birds were to be housed at four different locations in the UK, including his own premises. The import licences were granted and the birds arrived in December HM Customs and Excise (HMCE) CITES team received information in February 1999 that one of the hyacinth macaws had been sold by Brastock to a bird keeper in Hampshire, not one of the four locations stipulated on the original applications. No Article 10 Certificate had been issued for any of the birds. The enquiry was passed to Avon and Somerset Police. WLOs in Leicestershire, Hampshire and Wiltshire visited the addresses where birds were believed to be held. Brastock was found to have sold six of the eight birds for about One of the hyacinth macaws from the enquiry 23,000. Three parrot keepers were cautioned for Control of Trade in Endangered Species Regulations 1997 (COTES) offences relating to the purchase of the birds. When interviewed, Brastock initially denied his part in the commercial trading of the birds, claiming to be purely a go between in the transactions. John Hayward of the National Federation of Zoos, a member of the Partnership for Action against Wildlife Crime (PAW), appeared in court for the defence. Investigations Officer Duncan McNiven said, The RSPB is disappointed with this result. The judge s comments that Brastock found the legislation confusing is not an excuse for trading illegally in endangered species. The regulations are clear and dealers should make it their business to be aware of the law involving the birds that they make profit from. We are also concerned that a PAW member was mitigating for the defendant, which seems to be at odds with the aims of the partnership. PC Roger Joliffe and Ann Marie Bamford from the CITES team must be particularly disappointed with the result but deserve huge credit for bringing this case to court. 4 Courtesy of Geoff Culbertson Buzzard sales result in cautions A Coventry bird of prey keeper has been cautioned by West Midlands Police after he admitted to the RSPB that he had purchased two buzzards that had not been issued with DETR Article 10 Certificates. Like all native European birds of prey, the buzzard is an Annex A CITES species and any commercial transactions involving these birds must be covered by Article 10 Certificates or an offence may be committed under Regulation 8 of COTES. During interview, the suppliers of the two birds, one from the Coventry area and one from the Reading area, admitted selling the birds without Article 10 Certificates, and were cautioned. The two buzzards seized during the course of a Wildlife and Countryside Act warrant were disclaimed by the owner and rehomed by the RSPCA. A fledgling wild tawny owl also seized during the search has been successfully returned to the wild. Ban for bird keeper Following a search on 20 January 2000 by the police and RSPCA, John McGinty of Lon-y-Prior, St Clears, Dyfed appeared at Carmarthen Magistrates Court on August 18, 2000 and admitted failing to register a male saker x peregrine hybrid and a male lanner x saker x peregrine hybrid. He received a 12-month conditional discharge and was ordered to pay 75 costs. He was banned from keeping Schedule 4 birds for five years.

5 NEWS NEWS NEWS NEWS NEWS NEWS G Shorrock (RSPB Images) Two of the poisoned red kites (left) and the two shot buzzards strung up on a fence Red kite poison tragedy Legal Eagle 26 reported that the year 2000 seems set to be one of the worst on record for the illegal use of poison against birds of prey. An incident in Northamptonshire continues this trend. In August 2000, three dead red kites and two rabbit baits were recovered by the Farming and Rural Conservation Agency (FRCA) and the RSPB near Corby in Northamptonshire. All tested positive for the banned pesticide mevinphos. Two dead buzzards found hanging on a fence Incidents involving veterinary medicines WLOs will be aware of the Wildlife Incident Investigation Scheme (WIIS) that allows the reporting of wildlife incidents involving pesticides to MAFF or SERAD. A scheme is now being developed for dealing with environmental incidents due to veterinary medicines. The Veterinary Medicines Directorate (VMD) collates and examines all reports. Veterinary medicines include antibiotics, sheep dips and fish medicines, used to treat sick animals or prevent disease. Environmental incidents include deaths of wild animals arising from use, misuse or disposal of a veterinary medicine, or the illegal poisoning of wildlife. A working group to develop the scheme includes representatives from the VMD, Environment Agency, Scottish Environment Protection Agency, Central Science Laboratory and National Office of Animal Health. WLOs are asked to report any incidents on an Environmental Incident Report form, obtainable from the VMD. For further information contact Caroline Evans at the VMD on nearby had been shot. The red kite is vulnerable to the illegal use of poison and at least six other birds are known to have been illegally poisoned this year. There have also been considerable problems caused by the use of second-generation rodenticides passing through the food chain and resulting in the death of a number of birds. The kites were recently fledged from the second English red kite release site in the East Midlands. Ian Carter from the red kite reintroduction project said, This is a tragedy. Despite the obvious dangers to wildlife and people, poison baits continue to be left out in the countryside. The local people cannot believe what has happened. WLO Malcolm Tarlton has made enquiries but the person responsible has not been established. The landowner for the area has offered a 2,000 reward for information leading to the conviction of those responsible. 5

6 ACTION FOR BIODIVERSITY ACTION FOR Fine for blocking badger sett M Hamblin (RSPB Images) Firm stance from Magistrates welcomed in a case of illegal blocking of a badger sett. At Southend Magistrates Court on 19 September 2000 Brian Anthony Holder was found guilty of interfering with a badger sett, contrary to The Protection of Badgers Act 1992, in his garden in Hockley, Essex, by obstructing sett entrances. He was fined 500 plus 250 costs. The Magistrates expressed their disapproval of the defendant s lack of cooperation with the police he refused to let them examine the sett and refused to be interviewed. Dr Elaine King from the National Federation of Badger Groups said, This result sends out the clear message that the courts will not tolerate unnecessary interference with badger setts. There is simply no justification for breaking the law. With a licence and proper expert assistance, problems can be solved without harm to the animals. Expert advice on badgers can be obtained from any of the 80 local badger groups in Britain. Interfering with setts can cause the badgers suffering and death. The timely intervention by the FRCA and Essex Police fortunately prevented this happening in this case. Badger sett back Dr Elaine King, Conservation Officer for the NFBG, reports on a worrying ruling that the ground above a badger sett does not constitute part of the sett itself. Lincoln Magistrates dismissed the case against David Green, Ian Peter Reynolds, David Rowbotham and Martin George Trench, who were charged with interfering with a badger sett by damaging it, intending to do so, or being reckless as to whether their actions would have that consequence. This is contrary to section 3(a) of the Protection of Badgers Act Lord Justice Roch and Mr Justice Wright on 20 June 2000 at the Queen s Bench Divisional Court in London dismissed an appeal by the prosecution. Although digging had occurred two feet into the ground over an active badger sett, the tunnel system had not been broken into. It was ruled that a sett did not include the ground above the tunnels and chambers. The court concluded that the term badger sett referred only to the tunnels and chambers created by badgers and the areas immediately outside the entrance holes to those tunnels and chambers, and it might also apply in other circumstances, for example where badgers occupied coverts or disused sheds as their shelter and refuge. The case focused on the definition of a badger sett in Section 14 of the 1992 Act, which states, badger sett means any structure or place which displays signs indicating current use by a badger. The High Court ruled that the interpretation advanced by the prosecutor was unnecessary to accomplish the protection intended by Parliament and would place people such as farmers in difficulties if adopted. This decision is worrying because crowning down is probably the commonest way that badger diggers gain access to setts and badgers. The decision restricts the scope of the offence of sett interference. In such circumstances a charge of digging for or attempting to take a badger may be more appropriate. 6

7 BIODIVERSITY ACTION FOR BIODIVERSITY Time to scale up protection for reptiles and amphibians Dr Tony Gent, Director for the Herpetological Conservation Trust (HCT), outlines the legislation for amphibians and reptiles in the UK. The HCT works for the UK s reptiles and amphibians by protecting their habitats, conducting research, and raising awareness of the main problems facing the UK s herpetofauna. Habitat destruction is a major issue, particularly as reptiles and amphibians cannot easily move away if their habitat is compromised. G McCarthy (RSPB Images) The British Isles has six native reptiles three lizards and three snakes and six amphibians two toads, one frog and three newts. All are declining, and are protected against killing, injuring and sale by amendments to the Schedules of the Wildlife and Countryside Act Amphibians are also protected from sale, although matters are complicated by the issue of a general licence. The four most threatened the sand lizard, smooth snake, natterjack toad and great crested newt are additionally protected by European legislation. Development is a major problem for The sand lizard, above, and natterjack toad, below herpetofauna. More liaison in the early planning stages and statutory underpinning of Biodiversity Action Plans are needed. Although these animals are protected by fines of up to 5,000 per offence, and the police have powers to seize JCBs and similar machinery as evidence of an offence, there have been only three M Hamblin (RSPB Images) successful prosecutions. These involved great crested newts and lizards. The HCT is happy to advise the police on legislation and planning conditions, and provide expert witnesses and assistance throughout the prosecution process. For the future we hope to monitor the scale of the problem, and we welcome WLOs keeping us informed of any offences involving amphibians and reptiles, whether it is habitat destruction, the pet trade in native species, or the release of non-native species, such as the American bullfrog, which could have a significant impact on the conservation of native species. The Herpetological Conservation Trust, 655A Christchurch Road, Boscombe, Bournemouth, Dorset BH1 4AP. Tel: , HerpConsTrust@hcontrst.force9.net website: 7

8 INTERNATIONAL INTERNATIONAL INTERNAT 20 million migrants trapped in Cyprus Guy Shorrock (RSPB) RSPB investigators have made a number of visits to Cyprus to gather evidence and meet with the enforcement authorities, following complaints that the illegal trapping of migrant birds in Cyprus is increasing due to inadequate enforcement of the legislation. Extensive publicity in both UK and Cypriot newspapers followed, and the RSPB has called for suspension of EU Accession talks until the problem is resolved. An estimated 20 million migrant birds are illegally trapped in Cyprus each year using traditional lime sticks and the more recently introduced mist nets. The birds trapped are killed and illegally sold to local restaurants where they can fetch 1.50 each, or are pickled for sale in markets where a jar of 12 can fetch 13. Traditionally practised on a small scale, bird trapping is now an increasing and blatant industry, perhaps worth millions of pounds. Although blackcaps are the traditional target, bee-eaters, robins and thrushes are also taken. The methods are indiscriminate and all birds trapped are killed. Local enforcement authorities have taken some action but not enough to A robin stuck on a lime stick, waits its fate as a luxury food item make a significant difference. Trapping also occurs on the British Sovereign Base Area (SBA) despite efforts of the SBA Police to curb the practice. The RSPB is in consultation with the SBA Administration to encourage action. To register your protest write to President Glafcos Clerides, Presidential Palace, Nicosia, Cyprus. First penalties for Hungarian hunters Peter Lovaszi from MME/BirdLife Hungary describes some recent hunting problems. The hunting season for ducks in Hungary starts on 15 August. From this year, nature conservation authorities have to be informed about hunting on protected areas. On 15 August 2000, two Italian hunters came to south Hungary near Szeged. Two of my colleagues went to check their hunting, and in their presence the hunters shot five protected ferruginous ducks, a globally threatened species. Ferruginous duck As they were foreigners, their trial was held the next day. They were fined 2,625,000 HUF (about 6,600). These are the first real penalties for hunters in Hungary. R Tidman (RSPB Images) After this case, hunter Sergio Salvi shot one ferruginous duck, and was fined 500,000 HUF (about 1,200). On 28 August 2000, an Italian hunter tried to enter Hungary with 171 dead birds in his car. These included quails, snipe, skylarks, blackbirds, flycatchers and grey wagtails. A few days later, another Italian hunter had 55 quails in his car, and there was also a third incident. All the hunters were fined and are not allowed to cross the border for one year. 8

9 IONAL INTERNATIONAL INTERNATIONAL Final chapter for the Bali starling? Czechs raid Slovak eagles The situation for the critically endangered Bali starling goes from bad to worse. Legal Eagle 25 reported that most of the breeding pairs from the captive-breeding-for-release facility at Bali Barat National Park on the Indonesian island of Bali were stolen in November Now comes shocking news that a further armed raid was carried out on the facility on 30 August It is still unclear how many of the remaining birds were stolen. C H Gomersall (RSPB Images) With fewer than 40 individuals remaining in the wild in the National Park, time is running out for this spectacular bird. In spite of a huge investment of time and money from the Indonesian authorities and western conservation organisations to try to save the wild population, the market created for the Bali starling by cage bird enthusiasts is relentlessly driving it towards extinction. Worryingly, there continue to be rumours of collusion between the army and certain National Park staff during the robberies. Caviar smuggler imprisoned In the first case upholding international protection for declining sturgeon populations, Eugeniusz Kozcuk of Stamford, Connecticut, USA was sentenced on June 6, 2000 to 20 months in prison and fined $25,000 for his part in smuggling suitcases packed with caviar into the US. Kozcuk also forfeited $70,000 and more than $2 million worth of caviar. Co-defendants Wieslaw Rozbicki and Andrzej Lepkowski are yet to be sentenced. Threatened golden eagle nests are guarded from March to July in Slovakia Pavol Kanuch from the Society for the Protection of Birds in Slovakia, the BirdLife Partner in Slovakia, describes the worrying trend in golden eagle nest robberies. Conservationists in Slovakia are shocked by the news that 10 broods of golden eagles were robbed in 2000 nearly a quarter of the Slovakian population. Nest robberies increased heavily after a court case ended with a disappointing result. In 1999 two Czech men a well-known falconer and his son were filmed in a strictly protected reserve in the Chocske hills and were found carrying two eagle eggs. According to Slovak law they have a value of SK 600,000 (about 10,000). The eggs were returned to the nest but unfortunately had gone cold and did not hatch. Due to weak Czech legislation the case ended with the men receiving a conditional discharge. The main market for Slovak eagles is in the Czech Republic, where the birds are used for falconry or are passed for large sums to Germany, the Netherlands or the Middle East. In May 2000, two Czechs and one Ukrainian were stopped and found to have in their rucksacks a map marked with the nest sites of golden eagles. Inappropriate legislation allowed them to go without any punishment. Much energy is being invested in Slovakia into the protection of eagles and other rare birds. Every year the most threatened nests are guarded from March until July, often with only the most basic equipment in harsh mountainous conditions. However, in 2000, even one of the guarded nests was robbed under cover of darkness and bad weather. For the Slovak police, bird crime is of low priority, despite the large amounts of money involved. Our government must collaborate with the governments of surrounding countries to help solve bird crime. The Czech government should include in its legislation obligatory DNA testing of all raptors kept by falconers, and there should be more severe penalties for bird thieves and smugglers. Without these steps, the golden eagle may become endangered in Slovakia. 9

10 INTERNATIONAL INTERNATIONAL INTERNAT Jail for ivory smuggler Bayo Namory, a citizen of the Ivory Coast residing in New York City, was sentenced on 3 August 2000 to 12 months and one day in prison for smuggling elephant ivory carvings. The USFWS and US Customs Service received information from British Customs in January that ivory carvings might be concealed in a shipment of African crafts in transit from the Ivory Coast to the US. Seventy-two carvings were intercepted with a value of more than $200,000. Namory was arrested in February while attempting to pick up the shipment. Namory pleaded guilty to one of two counts of smuggling elephant ivory in violation of CITES, the African Elephant Conservation Act and the Lacey Act. Ed Grace, a special agent with the USFWS Law Enforcement Division said, Poaching threatens the survival of the African elephant. This sentence sends a strong message to importers. Canadian bird smugglers get record fine and jail On 10 July 2000 The Ontario Court of Justice jailed Mike Flikkema for three months and fined him and his son Harold Flikkema C$75,000 after pleading guilty to international smuggling of finches. Enquiries by Environment Canada and the US Fish and Wildlife Service resulted in the arrest of the Flikkemas in February. From 1 December 1997 to 6 October 1999, Flikkema Aviaries had imported 19 shipments of birds an estimated 12,000 finches many taken from the wild in Africa. Nine of these shipments contained CITESlisted species without import permits. The Flikkemas were charged with illegally importing 756 tropical finches, 30 parakeets and 20 mynas at an approximate value of C$19,000. As they had forwarded birds from these shipments to the US without proper export permits, they were also Elephants are hunted for their valuable ivory tusks charged with illegally exporting 3,882 tropical finches, worth an estimated C$97,000. Mike Flikkema, his wife Johanne, and Harold faced a total of 483 charges under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) for illegally importing and exporting tropical birds. WAPPRIITA meets Canada s obligations under CITES, and is enforced by Environment Canada. Mike Flikkema was fined C$4,250 in 1999 for similar offences, and in June 2000 Johanne was convicted and fined US$7,000 in a US court. She is currently serving a six-month sentence in an American prison following her conviction on two felony charges in this case. She faces similar charges in Canadian courts on her release in December. Illegal trade in the St Vincent parrot Ann G Lee/WWF UK The CITES management authority of St Vincent and the Grenadines is concerned that the illegal trade in the CITES Appendix I-listed St Vincent parrot is reaching serious proportions. This parrot is endemic to St Vincent and the Grenadines, where it is the national bird. Information suggests that eggs are being collected from nests and taken abroad for incubations there may be as many as 40 birds in one European country alone. The wild population is believed to number only about 500 birds. CITES Notification 2000/030 requests all CITES Parties, especially those with an active trade in exotic pet birds, to alert their enforcement authorities to the problem and to pass any information that may help combat the trade to the CITES Secretariat. 10

11 IONAL INTERNATIONAL INTERNATIONAL News from Europe Italy Italian police seized 20,000 redcheeked turtles, banned from trade because of their endangered status, from Rome airport where they arrived from Louisiana in the US. The turtles, just a few days old, were crammed into 40 boxes bound for a Turin wholesaler who now faces charges. France The French Parliament adopted a new hunting law on 28 June LPO, the BirdLife Partner in France, believes that the law is a lost opportunity for France to update its hunting laws with an emphasis on species protection. A decree by the Environment Minister will determine the dates within which each region can set the opening or closing of the hunting season. Proposed dates for the waterfowl season are unacceptable to LPO and it is continuing to lobby for a more restricted season. The presentation of more than two million signatures calling for an EUwide hunting season closing date of 31 January led to the EC withdrawing a proposal to allow the hunting season to include February. Malta BirdLife Malta and the local Federation for Hunting and Trapping are working together to set up a Foundation for the Conservation of Wild Birds. It hopes to monitor hunting, reintroduce the barn owl exterminated by hunting and breed quail for hunting to take the pressure off migratory birds. Law enforcement in Malta has always been difficult because politicians fear the powerful hunting lobby. Only recently have the hunters associations begun to urge hunters to obey regulations. Now the principal hunters society not only admits that transgressions occur but is also helping to stop them. Greece Greek hunting laws allow the hunting season to extend to 28 February which is not in line with the Wild Birds Directive and in July 2000 the EC issued a final warning against Greece. There is still widespread spring hunting of turtle doves in Greece despite having been illegal since A HOS (BirdLife in Greece) team reported a massacre on the island of Antipaxoi, with up to a third of the doves seen shot up to 500 hunters can kill 15,000 birds every day. Hunting organisations deny involvement of their members and do little to prevent it. HOS efforts have succeeded in increasing wardening in Antipaxoi, but although hunting is illegal, traditions die hard. Germany All known incidents of illegal persecution of protected birds between 1990 and 1998 in the German federal states of Berlin and Brandenburg have been collated. More than 800 protected birds, including lesser spotted eagle, whitetailed eagle, peregrine and crane were trapped, shot, poisoned or taken from the wild. It is believed that the actual extent of wild bird crime is much greater. LEGAL CORNER R-v-Derek William Canning (unreported) Court of Criminal Appeal 15 Jan 1996 In January 1996 the High Court made an important ruling on the Control of Trade in Endangered Species (Enforcement) Regulations 1985 (COTES). In May 1995 Canning was convicted at Newcastle Crown Court of seven charges under COTES relating to trading in wild-taken peregrines (a CITES Appendix I species) and given an 18-month prison sentence. The trial judge had indicated to the jury it was for the defence to show, on a balance of probabilities, that the birds were bred in captivity. The appeal was on a point of law the defence arguing that the judge should have directed the jury that it was for the prosecution to prove beyond reasonable doubt that the peregrines were of wild origin. The High Court referred to the original European Council Regulations (then EEC no 3626/82) which were in absolute terms and prohibit the commercial use and sale, etc of certain wildlife specimens. The offence did not require any mens rea. However, there were five potential exemptions which a Member State may import into its own domestic legislation. These included commercial use of captive-bred specimens. Lord Taylor, the then Lord Chief Justice of England, concluded that the approach adopted by the trial judge was correct and it was reasonable to expect a person to be able to show he fell within one of the exemptions. This ruling was relevant in the case against Noble in 1997 (Legal Eagle 13). In 1997 new COTES regulations came into force but the principle of this judgement remained and was again important in the case against Sissen in 2000 (Legal Eagle 25). 11

12 Peter s Dunn for now Peter Dunn is now retiring Peter Dunn has retired from North Yorkshire Police. He was one of the first WLOs in North Yorkshire, going back to the early 90s, and for the last five years has been the first point of contact within the force for wildlife matters. He is continuing his involvement with wild birds by volunteering as a DETR Wildlife Inspector and we wish him well for the future. Pete is well known for his valuable education work and is pictured here on the Bird Fair stand in Leicestershire during WLO conference 2000 Some 170 delegates attended the twelfth annual WLO conference at the Avon and Somerset Constabulary Headquarters at Portishead, Bristol on the weekend of 6 8 October. This year s presentations included human rights issues, Partnership for Action against Wildlife Crime initiatives, plants, badgers, bats, big cats and a range of interesting case studies. The team that won the Friday night conference quiz comprised John Holmes (English Nature), Vin Flemming (JNCC) and Alison Littlewood (Joint Nature Conservation Committee). The DETR and Avon and Somerset Police hosted another well-run and Birdcrime 99 now on sale The RSPB Investigations Section s annual review is now out a blow-by-blow account of wild bird incidents including bird of prey persecution, illegal trade, egg collecting and prosecutions. All WLOs get a free copy, and further copies are available for 5 each from Rosemary Venner in the Investigations office. G Shorrock (RSPB) WWF Wildlife Law Enforcer of the Year, Sarah Walder from HMCE, receives her award from the Chief Constable Steve Pilkington of Avon and Somerset Police for her excellent work on the Harry Sissen case. stimulating conference, with special thanks to Shaun Collins (DETR) and WLO PC Roger Joliffe. Mark Thomas (RSPB) Police initiatives Sussex Police recently ran its first WLO training course. The three-day course is to be followed up with a programme of single day updates, and includes sessions on firearms legislation, media handling and public speaking. Phone PC Tony Barnes on for further details. PC Bob Fryer from Shrewsbury in Shropshire, WLO for West Mercia Constabulary, is working with local companies and the education authority to raise awareness of wildlife issues through talks using taxidermy specimens and videos. If anyone can donate suitable materials, please fax him on PC Steve Thompson, another WLO based at Shrewsbury, is developing an eight-week Countryside Awareness Course aimed at showing teenagers the varied aspects of country life. 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, Joan Childs, by e- mail to joan.childs@rspb.org.uk or by fax on The views expressed in Legal Eagle are not necessarily those of the RSPB. Please also help us keep the WLO mailing list up to date by informing us of any changes. BirdLife INTERNATIONAL The RSPB works for a healthy environment rich in birds and wildlife. It depends on the support and generosity of others to make a difference. It works with bird and habitat conservation organisations in a global partnership called BirdLife International. The RSPB, UK Headquarters, The Lodge, Sandy, Bedfordshire SG19 2DL. Tel: The RSPB, Northern Ireland Headquarters, Belvoir Park Forest, Belfast BT8 7AT. Tel: The RSPB, Scotland Headquarters, 25 Ravelston Terrace, Edinburgh EH4 3TP. Tel: The RSPB, South Wales Office, Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB. Tel: Registered charity no