Legal Eagle. Persecution in the Peak District. In this issue: Egg collector fined Hare coursing down in Lincs Op Easter turns 21.

Transcription

1 Section heading The RSPB s investigations newsletter Summer 2018, No 85 Legal Eagle Persecution in the Peak District In this issue: Egg collector fined Hare coursing down in Lincs Op Easter turns 21 1

2 RSPB Foreword by Jenny Shelton, Legal Eagle Editor Welcome to the summer issue of Legal Eagle. And what a busy summer it s been... One sunny day this May, I found myself talking to a reporter outside Plymouth Magistrates Court. I was telling him that, more or less, egg collecting has become a thing of the past and we generally only get one or two cases coming to light each year. A fair comment since the introduction of custodial sentences in 2001, many egg collectors have decided their hobby isn t worth risking months in jail for. And since I joined the Investigations team 18 months ago, the North case (see overleaf) was the first egging case I d come across. Yet, under a month later, 5,000 eggs appeared in the office next door to be identified and categorised, seized from another collector in Norfolk. You can read about him on page 9. It just goes to show that ours is a field where surprises are the only guarantees! Coincidentally, spring 2018 marks 21 years since the launch of Operation Easter, an initiative which targeted the UK s egg thieves and involved brilliant work by police, RSPB and local communities. Guy Shorrock shares his experiences on pages In March, a man charged with nine offences relating to the alleged trapping and shooting of two peregrines was discontinued at court an incredibly frustrating result (see p5). On page 14, read about the British Birds report which highlights the link between raptor persecution and driven grouse shooting in the Peak District. But there s better news from Network Rail, who suspended all railside clearance operations during the breeding season. That should mean a good many birds saved this spring. Jenny Contents Prosecutions All goes south for North...3 Trader caught selling parts of protected species...3 Police Scotland exposes trader of endangered tiger and leopard parts...4 RSPB covert video ruled inadmissible...5 Two caught red-handed in landmark badger baiting case...6 Hare coursing in Lincolnshire down by 30%... 7 Two bat disturbance cases result in POCA hearing and large fines...8 News Network Rail on the right track at last?...9 5,000 eggs seized in Norfolk...9 Stone-curlew eggs taken from Suffolk nest...9 Operation Easter happy 21st!...10 Where eagles dare...12 Wildlife crime training in Yorkshire...13 Persecution in the Peak District...14 Raptor persecution round-up...15 North Yorkshire Police s Dave Jones retires...16 New report on wildlife crime...16 Using forensics to fight crime Silent spring for hen harriers...18 Raptor app launched...18 International Good signs from Cyprus...18 Turtle doves targeted in Malta...19 Shooting booted eagle lands hunter in jail...19 And finally Welcome Jack and Tom!

3 All goes south for North By WCO PC Josh Marshall of Devon and Cornwall Police Court outcome: On 3 May 2018, Jason North of Haddington Road, Plymouth, pleaded guilty at Plymouth Magistrates to eight charges of disturbing rare breeding birds (golden eagle, osprey, peregrine and little ringed plover) and the taking of osprey eggs, contrary to the Wildlife and Countryside Act He received a six week jail sentence suspended for a year, a 665 fine plus costs of 865 and a 10-week curfew. An egg collector was fined and given a curfew after pleading guilty to eight charges of disturbing wild birds, and one of taking wild birds eggs, in Devon and Scotland. Jason North was previously unknown to police until, in 2016, I started receiving information that he was possibly involved in egg collecting. I established that his vehicle had been seen in suspicious circumstances at a peregrine site in 2014, and had concerns about the failure of raven nests on Dartmoor. In December 2016, a search warrant was executed at his home, supported by the NWCU and RSPB Investigations. I was immediately concerned about the large selection of specialist books on birds and eggs relating to rare birds listed on Schedule 1 of the WCA. An examination of his computer also revealed hundreds of photographs of eggs and nests plus video clips, one showing the obvious disturbance of a peregrine being flushed off its nest. There were also images of eggs out of nests and in two display drawers: there was no doubt that eggs were being taken. Guy Shorrock from RSPB Investigations came to Devon to assist. With support from RSPB and BTO, I located people to provide evidence about the nesting sites. This ranged from experienced Prosecutions Osprey eggs taken by North in Scotland. Trader caught selling parts of protected species By Charlie Everitt, NWCU Scottish Investigative Support Officer ornithologists to local enthusiasts. Evidence from Scotland clearly suggested that the eggs had been taken from golden eagle and osprey nests. With terrific help from specialist CPS wildlife prosecutor Jonathan Richards, the case was brought to court. This outcome was a great example of partnership working and I would like to express my sincere thanks to everyone who supported this complex enquiry. Barn owl heads in jam jars and jewellery made from a tawny owl s foot were just some of the trinkets found at a property in Inverness. Court outcome Gordon Taylor, 49, from Midlothian, pleaded guilty to keeping parts of protected species for sale, contrary to the Control of Trade in Endangered Species (Enforcement) Regulations 1997, at Inverness Sheriff Court on 19 February He was fined 750. Taylor ran an online business under the name Wild Wizard Crafts selling products for the shaman and pagan market from an address in Leyton Drive, Inverness. On 4 November 2015, this address was searched under warrant. The search revealed a small workshop within a cupboard and quantity of items containing bird parts. Both Animal & Plant Health Agency and RSPB Scotland Investigations subsequently assisted in identifying various feathers and bird derivatives; 11 of these items contained parts of protected species including buzzard, barn owl and tawny owl, carrying a possible sales value of around 695. COTES prohibits the sale of certain species of bird or their derivatives. Tawny owl and buzzard feathers were used in this piece. The highest category of protection under this legislation is afforded to Annex A species whereby wild populations are considered most threatened by trade. Decon & Cornwall Police Will Hayward 3

4 Prosecutions Police Scotland exposes trader of endangered tiger and leopard parts By Charlie Everitt, NWCU Scottish Investigative Support Officer. A man was fined after police found the heads and claws of endangered animals at his home. Court outcome Richard Wales, from Newtown St Boswells, was fined 1,000 at Jedburgh Sheriff Court on Thursday 19 April 2018 for trading in parts of internationally protected species, contrary to the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (COTES). The court also issued a forfeiture order for a mounted tiger head. Richard Wales, a former conservation officer, ran an online business under the name theexplorersstudy, buying and selling antiquity products containing animal parts from an address in Newtown St Boswells. These included tigers and leopards, both of which are in danger of global extinction due to illegal trading. On 23 September 2015, the premises was searched under warrant by Police Scotland officers with assistance from a Wildlife Inspector from the Animal and Plant Health Agency. They recovered a quantity of items including mounted heads and claws from protected animals including tiger and leopard. Subsequent analysis of evidence was undertaken with the assistance of the National Wildlife Crime Unit and DNA Wildlife Forensics at Science and Advice for Scottish Agriculture. COTES prohibits the sale of certain species of animals or their derivatives. The highest category of protection under this legislation is given to certain species which are considered threatened by extinction due to trade. Police Scotland s Wildlife Crime Co-ordinator, Detective Sergeant Andy Mavin, said: We are committed to investigating crimes Mounted tiger head. against endangered species as part of the worldwide campaign to tackle the illegal trade in wildlife. However, these types of enquiries can be complex and time-consuming so the assistance provided by our partners is much valued. This is the second conviction this year in Scotland for offences under COTES and we shall continue to investigate incidents to enforce these regulations wherever appropriate. Head of the National Wildlife Crime Unit, Louise Hubble, said: International legislation exists to protect animals in danger of extinction from trade. It is recognised that trading in such animal parts and derivatives can endanger the few remaining species left in the wild and has resulted in global preventative action. Charlie Eveeritt Crown Office It is therefore incumbent on everyone, wherever they may live, to ensure they abide by the law in order to protect the dwindling stocks of rare animals left on the planet. Tiger claw. Trading in such animal parts can endanger the few remaining species left in the wild. 4

5 RSPB covert video ruled inadmissible A case against a gamekeeper relating to the alleged shooting and trapping of two peregrines was discontinued after a District Judge ruled the RSPB covert footage inadmissible. Prosecutions Tim Melling In recent years there has been increasing concern about poor breeding success of peregrines and hen harriers in Bowland, Lancashire. Since 2011, no peregrines have raised young on any of the private grouse moors. Against this backdrop, in April 2016 the RSPB installed a covert camera to monitor a remote peregrine nest on the Bleasdale Estate. Ten days later the nest had failed, with four cold eggs present. The video footage showed on the evening of 13 April 2016, the incubating female peregrine flew off the nest followed by what sounded like four gunshots. She was never seen again. A few minutes later an individual in full camouflage climbed the steep bank and attended to the ground at the nest ledge using a hammer. On leaving, they appeared to be holding an orange-handled item with the hammer. Early on 14 April, the male peregrine returned and triggered a spring trap on the nest ledge, becoming caught by the right leg. At times desperately struggling to escape, it was held for over 10 hours. Spring traps can only be used under cover to catch small mammals their use in this manner is illegal. At 11.12pm, a person returned with a torch and appeared to put the bird into a bag. The following day, RSPB officers accompanied WCOs PC Massingham and PC Chew to recover the four eggs. Below the nest, a piece of adult peregrine primary feather was found, the splintered shaft suggesting shotgun damage. A few days later police executed a search warrant at the home of local gamekeeper James Hartley, which recovered tools and other items. Sergeant Hrynkow set about compiling a range of forensic, expert and specialist evidence. Forensic analysis by SASA, supported by the Forensic Analysis Fund (FAF), indicated peregrine DNA on an orange-handled knife and a wooden handled hammer recovered by the police. Hartley was charged with nine offences relating to the alleged trapping and shooting of two peregrines. The defence stated he was not the man on the video footage and contested the admissibility. Following a legal hearing, on 28 March 2018, the District Judge ruled the footage inadmissible and the CPS discontinued the case. We believe installing a camera tightly focused on a remote peregrine nest site, where nobody without a government licence should even be present, is a reasonable and proportionate way to check if human interference is taking place. Such footage has been accepted in court on many occasions, so this decision was incredibly frustrating. The RSPB has since met with the CPS to discuss the issues in this case. Ultimately, the RSPB believe the government needs to do far more to tackle raptor persecution and improve accountability on sporting estates. We believe a system of Peregrine breeding success remains poor in many upland areas associated with driven grouse shooting. licensing is needed for driven grouse shooting, to ensure land is managed legally and sustainably. The RSPB would like to place on record its sincere gratitude to Lancashire Constabulary and the CPS for their work on this case, along with the support of a wide range of witnesses. In particular, we would like to thank Sergeant Hrynkow for undertaking an extremely thorough and professional investigation, plus the support from CPS prosecutors Vicky Atkinson and Rachel Parker. We believe the government needs to do far more to tackle raptor persecution and improve accountability of sporting estates. 5

6 Prosecutions RSPCA Cymru One of the dogs found at the farm and seized after badger baiting was seen during video surveillance. Two caught red-handed in landmark badger baiting case Court outcome At Llandudno Magistrates Court, David William Thomas, 51, from Cwm Bowydd Farm, Blaenau Ffestiniog, was jailed for 22 weeks and fined 5,000. He will remain under supervision for a year. 25-year-old Jordan Houlston of Alexandra Road, Llandudno, was also given 20 weeks in jail, placed under supervision for a year and fined 600. Both were banned from keeping dogs for eight years. The master of the Dwyryd Hunt in north Wales was jailed in February 2018 in a landmark RSPCA investigation. Video surveillance showed David William Thomas and an accomplice, Jordan Houlston, using their dogs to attack a badger. Images of fake setts and animal skulls were also shown in court. In February 2017 RSPCA inspectors and North Wales Police searched Cwm Bowydd Farm and seized 23 dogs. A further eight were seized from Houlston s home, along with other items including a book entitled Badger Digging with Terriers. Thomas had been a huntsman for 32 years, the court heard. The men were charged under the Protection of Badgers Act 1992 and Animal Welfare Act RSPB Cymru Chief Inspector Ian Briggs said: Footage of this nature is extremely rare but lays bare the sickening nature of this gruesome activity. It is clear this was a carefully planned and deliberate act of cruelty, involving dogs, badgers and foxes. Badger baiting has been illegal for over 180 years. Added Inspector Briggs: This prosecution will be a warning to anyone involved in badger baiting. If caught, the RSPCA will act, and will seek justice for the animals involved. There is no room for this disgusting activity. 6 Skulls of foxes and badgers were found.

7 Prosecutions Hare coursing in Lincolnshire drops by 30% after police crackdown By Chief Inspector Jim Tyner, Lincolnshire Police Court outcome On 12 January 2018, John Langan, 31, of Great Ayton, North Yorkshire and Thomas Jaffray, 34, of The Greenway, Middlesbrough, were fined 180, 300 in costs and a 30 victim surcharge at Lincoln Magistrates Court. Lincolnshire Police have seized a total of 76 dogs as part of Operation Galileo, the police operation to tackle hare coursing. Hare coursing, a bloodsport in which dogs are set on wild hares, is especially prevalent in Lincolnshire and other flat, rural counties. It has been illegal throughout the UK since 2005, punishable by a fine of up to 5,000, however over a thousand incidents are generally reported to us each year. In an attempt to stamp it out in Lincolnshire we launched Operation Galileo, which involved working with the farming community and using technology to catch criminals in the act, rehome dogs and have criminal behaviour orders served on offenders to prevent reoffending. In January 2018, the first of these hare coursing dogs were rehomed following a successful prosecution. Lincolnshire Police caught John Langan, 31, and Thomas Jaffray, 34, hare coursing in Digby Fen last September and both were found guilty in court. Their dogs, both lurchers, were cared for in approved kennels prior to being rehomed. In addition to receiving fines, both men were given Lincolnshire s first Criminal Behaviour Orders, banning them from being on private land in Lincolnshire with lurchers or similar dogs, or being with people who are. Since this case, a further five dogs have been rehomed at the order of the court following an incident of hare coursing near Skegness. In another case, prolific hare courser Aaron Smith, 24, of Reigate, Surrey was fined 1,015 and given a three-year Criminal Behaviour Order, with similar conditions. Smith has similar banning orders imposed in Cambridgeshire and Hertfordshire. The resulting reduction in incidents of hare coursing is hugely encouraging. Hare coursing is a fluid crime, so we urge other forces to use every method possible to clamp down on this crime. Lincolnshire Police Lucky and Spencer, two of the rehomed dogs. 7

8 Hugh Clark (bats.org.uk) Prosecutions Developers fined for bat disturbance Court outcome Christopher Wilson, 52, of Avante, and David Stokes, 53, Director of South Coast Demolition, pleaded guilty to two charges of damaging or destroying the breeding site or resting place of a wild animal of a European protected species, contrary to the Conservation of Habitats and Species Regulations 2010, at Bournemouth Crown Court on 16 February Stokes was fined 1,600 and ordered to pay 400 in costs plus a victim surcharge of 120. Wilson was sentenced to a 2,500 Proceeds of Crime order plus a 1,750 fine, 170 victim surcharge and costs of 500. Court outcome Knightspur Homes was fined a total of 20,321 for three counts of roost destruction on 20 April 2018 at Maidstone Crown Court. This spring, two complex cases came to court regarding the destruction of bat roosts during the development of new housing. Two species of bat were disturbed during the construction of luxury flats at Ferndown, Bournemouth, resulting in heavy fines in February. On the site were two buildings known to contain roosts for pipistrelle and long-eared bats. When a planning application was submitted, it contained an outdated, and so invalid, Biodiversity Management Plan. A new plan was not commissioned, nor was the license obtained from Natural England which is required before starting works on a site. However building commenced in spring 2016 and continued, even after a warning from police that October. Demolition ceased in November after a second warning, but by then the roosts had been destroyed. If anyone has concerns or questions, please contact the Bat Conservation Trust Helpline. Wilson initially denied the charges, then changed his plea on the first day of a trial. He was committed to the Crown Court for a Proceeds of Crime Act (POCA) hearing only the second time this has been done for a bat crime in the UK. Pete Charleston, Conservation Wildlife Crime Officer at the Bat Conservation Trust, said: A POCA confiscation order is made where a defendant is shown to financially benefit from a crime. The order is to reclaim an amount. Mr Wilson saved the costs of an ecologist survey and licence fee hence these costs were claimed for. We are pleased the court has reflected this in the result. Then in April 2018, London-based Knightspur Homes was fined fined 4,000 on three counts of roost destruction with costs of 3,036, plus 5,285 under POCA. They were found to have demolished a building, identified to contain a number of bat species, without license. Pete Charleston said: This case, once again, sets a precedent in relation to the sentencing of offences relating to bats, and ably demonstrates the value of using POCA for wildlife offences. If any developers, demolition firms, roofers or members of the public have concerns or questions, please do contact the Bat Conservation Trust Helpline on We would rather work with developers to prevent matters. We would like to thank everybody who played a role in the investigation and prosecution of this case. 8 Brown long-eared bat.

9 Network Rail on the right track at last? For over a decade the RSPB has been bombarded with calls from concerned residents and countryside users with regards to extensive scrub clearance along railway lines during the bird breeding season. In one incident in Margate, residents were filmed by Channel 4 News chaining themselves to trees to prevent Network Rail from felling mature trees and clearing scrub. News RSPB The RSPB has reported many incidents to the wildlife crime officer at British Transport Police who has intervened on a number of occasions to warn Network Rail about their activities, often resulting in non-emergency work being stopped. In May, in a further development, the RSPB was consulted on the Network Rail s clearance work has sparked outrage. issue by staff representing Jo Johnson MP, the government Minister for Transport. This resulted in the announcement by Network Rail that they were immediately suspending all non-emergency vegetation management during the bird breeding season a move of which we heartily approve. The RSPB hopes to work with all parties to ensure both birds and passengers can remain safe on our railways in the future. 5,000 eggs seized in Norfolk On 21 May, Norfolk Constabulary seized 5,000 eggs from a property near Newton St Faith, Norfolk. Police were called to Cawston Heath following reports of a man acting suspiciously. He was located by PC Colin Bailey and arrested after being found with nine eggs. His house was then searched, and thousands more eggs were found stored in wooden trays and catalogued. The man was arrested on suspicion of committing offences under the Wildlife and Countryside Act. Some of the 5,000 eggs seized. Norfolk Constabulary Stone-curlew eggs taken from Suffolk nests Despite the reduction in egg-collecting crimes, incidents still emerge. In May, four eggs were stolen from Natural England s Cavenham Heath reserve near Bury St Edmunds. They are believed to have been taken between 4-9 May. Suffolk police issued a public appeal for information. Chris Gomersall (rspb-images.com) 9

10 News RSPB Guy Shorrock in Scotland in Operation Easter happy 21 st! This spring marked 21 years since the launch of Operation Easter, an intelligence-led operation to target the UK s egg thieves. RSPB Senior Investigations Officer Guy Shorrock was there at the start. When I joined the RSPB in 1991, the one subject that kept us busiest was the peculiar crime of egg collecting. There were plenty of egg thieves about, targeting species like red kites and ospreys (both being down to less than 100 breeding pairs). Their pointless pursuit of calcium trophies made them universally unpopular and strenuous efforts were made by ourselves, police, raptor workers, landowners and local communities to protect rare birds from being targeted in this way. Guy Shorrock (RSPB) Calls came in continually from around the country with news that yet another nest had been raided. A seized egg collection. 10

11 News Each spring calls came in continually from around the country about suspects and their vehicles, or the sad news that yet another nest had been raided. We were on high alert and had a great relationship with the Scottish police, many of whom I suspect regarded catching an English egg thief as a pinnacle of their career! The RSPB wildlife crime database was at the centre of this work gathering information on our most-wanted. In spring 1992, I saw the problem first-hand whilst helping to monitor Scottish osprey nests, as egg thieves took clutches in the night. In the mid-90s their attentions turned to the few white-tailed eagles breeding on Mull, Scotland. The late WCO PC Finlay Christine helped set up the Mull Eagle Watch scheme that has continued to this day. The local community rose up in defence of their rare eagles: ferries were watched and suspicious sightings reported back to the watchful Finlay. Whilst there were high-profile arrests, others still slipped the net. In the absence of custodial sentences, court fines were seen as a price worth risking. In 1997, WCO PC Ian Hutchison, of the then Tayside Police, was visiting my colleagues in Scotland. He was fascinated by our database and felt the police should be doing far more. In February that year we supplied details of the most active collectors and thus Operation Easter was born. WCO Inspector Alan Stewart ran the scheme, working with RSPB and police forces around the UK, before it was later passed to the National Wildlife Crime Unit. More prosecutions followed, but the courts frustration was obvious. In 1997, two brothers from Hampshire were caught on the Orkney Islands and each fined 90,000! This was reduced to 6,000 on appeal, but the Sheriff had clearly made his point. The RSPB lobbied heavily for the stronger sentencing and on 30 January 2001 the Countryside and Rights of Way Act 2000 introduced custodial sentences in England and Wales, with similar Scottish legislation in Finally, on 16 August 2001, following persistent work over several years by one of my colleagues and WCO Paul Henery, a Newcastle egg thief was jailed for four months his fifth and final conviction. This set the ball rolling and more jail sentences followed. The graph (below) shows the dramatic effect of this change in the law. Operation Easter has been a great example of partnership working White-tailed eagles are among the species still at risk from eggers. with statutory agencies receiving specialist help from RSPB and others along with the support of whole communities and the wider public. Whilst the recent prosecution of James North (see page 3) shows vigilance is still needed, things have improved immeasurably since my early days. Operation Easter was a great example of partnership working. Mark Caunt (shutterstock.com) Graph showing egg collecting convictions. 11

12 News 12 Ruth Tingay Ruth Tingay Fred was tagged in 2017 at the only golden eagle nest in the Scottish Borders. Where eagles dare Will Hayward, Investigations Officer at RSPB Scotland, reflects on this year s four disappearing eagles the latest in a succession of Scottish birds to have vanished in suspicious circumstances. So far in 2018, two satellite-tagged golden eagles have suddenly disappeared from, on or close to areas managed for driven grouse shooting. These birds join a long list of tracked golden eagles to have vanished in Scotland in similar circumstances, as detailed in a report published by the Scottish Government in Also this spring, two satellite-tagged white-tailed eagles suddenly stopped transmitting in highly suspicious circumstances. Both were tagged as chicks in 2017 from nests resulting from the East Scotland reintroduction project, and The tags have excellent reliability. both disappeared from areas associated with previous disappearances of tagged eagles and harriers. You may have seen the video featuring Chris Packham (youtube. com/watch?v=blnctg68qs0) which alerted the world to the story of Fred. Fred was tagged as a chick in 2017 from the only golden eagle nest in the Scottish Borders as part of a project between Chris Packham and the Raptor Persecution UK (RPUK) blog. In mid-january, Fred finally left his natal area and spent a few days exploring the Pentland Hills, just outside Edinburgh. In the morning of 21 January, his tag, which had been working reliably up until then, suddenly stopped transmitting with the last fix coming from the edge of a moor on the northern Pentlands. Amazingly the tag briefly came back online 3.5 days later from a location in the North Sea approximately 10 miles off the coast of St Andrews. Dr Ruth Tingay of RPUK said: It is beyond doubt that Fred s disappearance is highly suspicious. Golden eagles don t generally fly out for miles over large bodies of sea water but even if Fred had done so, apart from defying everything we ve learned about Scottish golden eagle behaviour, we would have seen excellent tracking data plotting his route given the reliability of his tag. This news was soon followed by the highly suspicious disappearance of a male satellite-tagged golden eagle in the northern Monadhliath Mountains of Inverness-shire. The bird was occupying a traditional territory, but the nest here has not been successful for decades despite good habitat and prey. In 2016 the area was occupied by a lone adult male but he too disappeared. Duncan Orr-Ewing, RSPB Scotland s Head of Species and Land Management said: A report published by the Scottish Government last May, prompted by the regular disappearance of satellite-tagged eagles in this same area, provided unequivocal evidence that the sudden disappearance of these birds is highly suspicious. This is now the 12th tagged eagle to go missing in this black hole in just seven years and is entirely consistent with the systematic and ongoing illegal persecution of eagles in this area. Blue X was the first of the two white-tailed eagles whose tags ceased transmitting, in March from Glen Quaich in Perthshire. This was a particularly sad story as the bird fledged from a territory in Fife monitored by a team of dedicated A report published by the Scottish Government last May provided unequivocal evidence that the sudden disappearance of these birds is highly suspicious. Duncan Orr-Ewing

13 News volunteers who put in a massive 815 hours watching the nest in 2017, alongside staff from RSPB Scotland and Forest Enterprise Scotland. Said Duncan Orr-Ewing: This is the third of five white-tailed eagle chicks to have fledged from the first successful nest in East Scotland the product of a Scottish Government-sponsored reintroduction project to have disappeared in such circumstances, suggesting it has also been illegally killed. The second white-tailed eagle, Blue T disappeared suddenly only a few weeks later on Invercauld Estate in the Cairngorms National Park. This bird fledged from a nest in Strathspey in 2017 and its transmitter was functioning perfectly. Ian Thomson, RSPB Scotland s Head of Investigations said: This disappearance comes at a time when an independent review of grouse moor management, commissioned by the Cabinet Secretary for the Environment, is ongoing. We will now be asking this enquiry to consider the threat arising from these suspicious white-tailed eagle disappearances to the emerging east of Scotland white-tailed eagle population as part of their work programme. The RSPB is calling on the Scottish Government to introduce a robust licencing system for driven grouse shooting with sanctions for removal of licences where criminal patterns of behaviour are established to the satisfaction of the authorities. Blue X. Those that obey the law and conduct their operations within it have nothing to fear from such a regulatory framework. Dennis Gentles (RSPB) Wildlife crime training in Yorkshire By RSPB Investigations Officer Howard Jones In February, the Yorkshire Dales National Park hosted a wildlife crime seminar in Bainbridge for the first time. The day brought together National Park staff alongside police from North Yorkshire, Cumbria and Lancashire. Other agencies such as the RSPCA, the League Against Cruel Sports, Natural England and the RSPB also attended. Guy Shorrock (RSPB) The morning began with an introduction by David Butterworth, the park s Chief Executive, followed by an overview from Inspector Jon Grainge of the North Yorkshire Police Rural taskforce. YDNP training Feb A presentation by Ian Court, Wildlife Conservation Officer, outlined the findings from the national park s bird of prey evidence report (natureinthedales.org.uk), highlighting ongoing issues with persecution within the park. This was followed by talks by the League Against Cruel Sports, Natural England and the RSPB. In the afternoon, practical sessions focused specifically upon poisoning, trapping and handling wildlife crime investigations, aimed at giving delegates the skills to recognise wildlife crime and what to do if they encounter it. The summit built further upon the successful launch of North Yorkshire Police s Operation Owl and it is hoped that continued partnership working like this will help combat wildlife crime inside the park. 13

14 News Raptor persecution statistically linked with Peak District grouse moors By Mark Thomas, RSPB Senior Investigations Officer A new scientific paper published in the journal British Birds has statistically linked raptor persecution and land managed for driven grouse shooting in the Peak District National Park. The report, published in the May issue, mapped confirmed raptor persecution incidents against the location of burnt heather taken from aerial photographs, used as a proxy for driven grouse shooting. The results demonstrated strong associations between intensive grouse-moor management, persecution of raptors and negative population impacts on both goshawk and peregrine in the northern Dark Peak. The paper found that populations of both iconic raptors had declined significantly between 1995 and 2015 in the Dark Peak, but had increased dramatically in the rest of the National Park which is free of grouse shooting. RSPB The Peak District National Park attracts over 10 million visitors per year but is now becoming renowned as a black hole for birds of prey, with nationally-high numbers of crimes against raptors recorded on its Dark Peak grouse moors. During the study period there have been two high profile prosecutions of gamekeepers for raptor persecution offences. Despite this, persecution has continued unabated leaving the Park authorities virtually powerless to address the situation. The paper finishes with the authors calling for the licensing of driven grouse shooting. The maps show failed (red) and successful (black) nests in 1995 and Pink squares show burning locations. Goshawk numbers are lower in areas of grouse shooting. Populations of both raptors had declined significantly between in the Dark Peak but had increased dramatically in the rest of the National Park which is free of grouse shooting. 14 Goshawk Peregrine

15 News Two red kites shot, another poisoned A red kite was found shot and blinded near Castleside, County Durham in May, but had to be euthanised. An x-ray revealed three pellets in the bird s body, confirming that it had been illegally shot. Since 2010, six kites have been poisoned or shot in this area, including a red kite found poisoned in nearby Muggleswick in and thousands of people visit each year to enjoy them. West Yorkshire Police issued an appeal for information. This followed the discovery that a red kite found dead last year near Knaresborough had been poisoned. A post-mortem was carried out along with toxicology tests revealing the presence of the pesticide chloralose. Red kite found in County Durham. Robson & Prescott Vets RSPB The same month, near the Harewood Estate in West Yorkshire, an injured red kite was found shot in the wing and put down due to the nature of the injury. A huge conservation effort has been made to re-establish these birds here, Bad week for buzzards Sergeant Kevin Kelly of North Yorkshire Police s Rural Taskforce said: It is completely unacceptable that people think they can ignore the law and subject these birds to poisonings and other forms of persecution without consequence. Red kite shot at Harewood Estate. RSPB Two shot buzzards came to light during one grim week in May. X-ray of buzzard in Cornwall. One was found in Melplash, Dorset on 15 May. An x-ray examination confirmed it had been shot. Two days later, wildlife workers at Caerhays Castle in Cornwall came across a dead buzzard with no obvious injury. It was taken to a vets where an x-ray revealed 15 pellets lodged in its body. Police investigations are ongoing. Tony Whitehead, speaking for the RSPB in the South West, said: For many years buzzards had to contend with both persecution and environmental problems associated with both DDT and myxomatosis, but they have made a strong recovery and now grace our skies in good numbers in the West Country. Which is why it is saddening that criminal elements within our rural community should continue to target them and we call on the public, who we know have a huge fondness for these birds, to help the police with their inquiries. Goshawk disturbance in North Yorkshire This March the RSPB reported the disturbance of a goshawk nest site near Helmsley in North Yorkshire. A covert camera had captured the sound of gunshots, plus the appearance of three suspicious men, at the site in April and May One man was shown hitting the nest tree with a large stick. Goshawks have a limited breeding success in North Yorkshire. When examined, this nest was found to have failed. It contained four unhatched eggs. North Yorkshire Police and the RSPB published images of the two suspects and appealed for information. Note: The nature of these enquires meant it was decided to release the footage once all other options were exhausted, plus the unexpected number of unlicensed visits to the nest site resulted in three separate police enquiries, inevitably causing a delay. Cold goshawk eggs. Male 1 at goshawk nest 22 April Male 2 at goshawk nest 22 April Garry Marchant RSPB 15

16 North Yorkshire Police News Chief Constable Dave Jones QPM. Dave Jones was appointed as Chief Constable of North Yorkshire Police in 2013 the first officer in England to be appointed to a Chief Constable role from the position of Assistant Chief Constable. Before joining North Yorkshire Police, he served at Greater Manchester Police and in 2008 was promoted to Assistant Chief Constable in the Police Service Northern Ireland where he was named NI Chartered Manager of the Year. In 2016, he took temporary charge of South Yorkshire Police, providing stable leadership. On 1 January 2017 he was awarded the Queen s Police Medal for Distinguished Service in the New Year Honours List. Dave was also the National Police Chiefs Council lead for wildlife and rural crime. Flurry of good wishes as North Yorkshire Police s Dave Jones retires Chief Constable Dave Jones QPM is retiring from policing after nearly 32 years of distinguished service. He said: I have always believed that neighbourhood policing is the bedrock of the police service, and that approach is absolutely embedded at North Yorkshire Police. The force is also firmly on the road to become a modernised service. I have been proud to serve the community for nearly 32 years, but this seemed like the right time to hand over the baton to a new leader who can take the service on this new stage of the journey. I d like to pay tribute to my colleagues at North Yorkshire Police, and to my family for the fantastic support they have given me over the years. I am very much looking forward to spending more time with them in my retirement. Police and Crime Commissioner Julia Mulligan said: I selected Dave for the role of Chief Constable because of his impressive record of service in some of the most challenging environments in the UK, his clear determination and his very deep commitment to community policing. His personal leadership and commitment to North Yorkshire Police and the wider police service has been exceptional. He leaves with the respect and best wishes of colleagues in our county and beyond. Policing and North Yorkshire Police in particular will miss him greatly. North Yorkshire Police s current Deputy, Lisa Winward, now assumes temporary command. New report on wildlife crime April 2018 saw the launch of the first-ever annual wildlife crime report for England and Wales. Wildlife Crime in 2016: A report on the scale of wildlife crime in England and Wales was published by 18 NGOs, co-ordinated by Wildlife and Countryside Link and Wales Environment Link. Almost 1,300 wildlife crime incidents were recorded by NGOs in 2016 (the most recent data available), with raptor persecution data provided by the RSPB. Most wildlife crimes are not recorded by the Home Office, so the best available data is often collated via NGOs. However, it is clear that there is significant under-recording in many areas of wildlife crime. A few wildlife crimes, such as the trade in endangered species, are recorded by the Home Office, but there is no central collation of crimes and convictions or sentencing guidelines. In Scotland, wildlife crimes are recorded centrally, with a legal requirement to report annually. In contrast, in England and Wales, there is no structured recording system and no assessment can be made of wildlife crime. Amongst several recommendations are: that wildlife crime should become notifiable to the Home Office, who should produce an annual report on wildlife crime, identifying trends and recommending appropriate priorities and resource allocation. The report can be viewed at wcl.org.uk/docs/ LinkAnnualWildlifeCrimeReport April18.pdf 16

17 News SASA Delegates at the Science and Advice for Scottish Agriculture (SASA) training day. Using forensics to fight crime Science and Advice for Scottish Agriculture s Dr Lucy Webster reports on recent WCO training in Scotland and some interesting new forensic developments. Forty Wildlife Crime Officers from across Scotland assembled on 18 April for a training event held by Science and Advice for Scottish Agriculture (SASA), on how SASA can help with wildlife crime investigations. The three key areas where SASA can assist involve: 1) The Wildlife Incident Investigation Scheme (WIIS) for suspected poisoning incidents 2) Advice on legal and illegal trapping 3) Wildlife DNA forensic services. The day also included field investigations and some more hands-on training in each of the three areas. Three mock-up scenes were set out, all with decisions to be made on whether a crime had taken place and, if so, what evidence should be captured. Thankfully it stayed dry! Feedback following the training was very positive Excellent presentations regarding the work of SASA in relation to Wildlife Crime. These tied in well with the practical scenarios and demos in the afternoon to keep us refreshed and thinking differently with a wide range of experienced officers that have dealt with many different situations. I also presented the results of a recent study involving SASA and the Scottish Police Authority Forensic Services carried out by Kayleigh McLeish a forensic science student from the University of Strathclyde. This found that human DNA can be recovered from spring traps and carcasses that are found outside using standard techniques. Human DNA could be recovered from spring traps 10 days after they were last handled and left outside, even in torrential rain. For bird and mammal carcasses, the period of success was shorter, but human DNA could be recovered at least 24 hours after handling. Her results suggest human DNA analysis should be attempted from all illegally-set traps, and from carcasses, provided decomposition is not significant. Her work opens up new avenues for raptor persecution investigations, as suspects could be linked directly to offences via their DNA. Delegates were also shown a new short online video demonstrating the use of the wildlife DNA kit. This kit is intended for recovery of non-human DNA evidence when a CSI is unavailable. The video was put together by RSPB and SASA on behalf of the PAW Forensic Working Group and can be viewed on the FWG website pawfwg.org. Anyone wanting a version to download onto a smartphone for use in the field should contact the FWG. 17

18 News Silent spring for hen harriers Three more satellite-tagged hen harriers have vanished in suspicious circumstances this spring two in Scotland and one in Cumbria. Tim Jones A female bird named Saorsa suddenly ceased sending transmissions in February 2018 whilst located in the Angus Glens. A male bird, named Blue, then raised concerns in March this year when his tag, which had also been functioning perfectly, suddenly and inexplicably cut out near Longsleddale, Cumbria. Also in March a tagged bird named Finn after young conservationist Findlay Wilde vanished near Moffat, Scotland. Finn was tagged as a chick in 2016 from a nest in Northumberland, one of only three hen harrier nests to fledge young in the whole of England that year. All three birds were searched for, but no tags or bodies were found. Police have appealed for information. Cathleen Harris, Hen Harrier LIFE Project Manager, said: Hen harriers continue to be illegally killed across the UK, so we must take urgent action to protect them. The RSPB believes the introduction of licensing of driven grouse shooting is vital. The RSPB has applied for permission to judicially review Natural England s grant of consent for a hen harrier brood management trail. Commenting, Martin Harper said: Brood management is about forcing hen harriers to fit in with driven grouse shooting. It should be the other way round. Read more here: rspb.org.uk/martinharper Female hen harrier Raptor app launched A simple yet sophisticated new app, RaptorProtector, was launched on 15 May which could improve the quality and quantity of bird of prey persecution reports received by the RSPB. Student James Hay and supervisor Bruce Hargrave developed the app at Lincoln University, which will allow users to record suspicious traps and other incidents while out and about. James Hay explained: People can use it to report illegal traps by inputting information and taking photos which are geotagged to give an accurate location. This information can then be forwarded to police or the RSPB. The app also features heat maps showing areas where wildlife crime is most prevalent. It s still in its early stages, and is only available on Android at the moment, but we re working on making it compatible for iphones too. James Hay with RaptorProtector app. Jenny Shelton (RSPB) rspb-images.com Good signs from Cyprus At the end of their spring 2018 operation on Cyprus, CABS (Committee Against Bird Slaughter) reported their lowest ever count of limesticks and nets on the island. Limesticks being prepared to catch small birds illegally, Cyprus. Between March and May, they found 305 limesticks and just nine nets, compared to 1,834 limesticks and 19 nets last year. 18

19 International Turtle doves targeted in Malta In 2018, the spring hunting season opened once again in Malta. Hunters were only allowed to legally shoot quail; this was the second consecutive year that a moratorium had been placed on the hunting of the vulnerable turtle dove, as classified by the IUCN. The season opened from 1-21 April, which coincides with the peak of turtle dove migration. Fears that opening a season on these dates would act as a smokescreen for hunters to target turtle doves, as well as other protected species, were not unfounded. BirdLife Malta staff and volunteers noticed many hunters not actually hunting for quail at all, evident through the style of hunting observed. During the 2018 hunting season, BirdLife Malta retrieved 14 shot protected birds including six turtle doves. Other victims included a marsh harrier and kestrel. Many protected birds were also seen with gunshot injuries, such as dangling legs and damaged feathers, including several pallid and Montagu s harriers. Shooting booted eagle lands hunter in jail A man who was filmed shooting a protected bird has been jailed, fined and given a lifelong hunting ban. Justin Chetcuti, from Mosta in Malta, had previously denied shooting a booted eagle before a court in But on 7 February 2018, he was declared guilty, banned from hunting, jailed for one year and fined 5,000. Chetcuti had been filmed by BirdLife members who were surveying the area in Tal-Virtù. Footage shows the eagle falling from the sky and landing in a field, near to where Chetcuti was present. He was suspected to be responsible for the shooting and the incident was reported to the Administrative Law Enforcement Unit (ALE). The police Turtle dove found shot in Delimara this spring. These numbers are an underrepresentation of the true extent of illegal hunting. Once again, BirdLife Malta states that Malta should not derogate from the EU Birds Directive to open future spring hunting seasons, as this is the time when birds are migrating to their breeding grounds. managed to retrieve the body of the bird, which was confirmed shot by a vet. In court, police officers and BirdLife volunteers testified over the incident. The ALE testified how the accused had been tracked down in the area, disarmed and taken for questioning. Chetcuti has appealed against the verdict. Caroline Rance Shot booted eagle by Nick Piludu 19

20 And finally Jenny Shelton (RSPB) PAW PAW is The Partnership for Action Against Wildlife Crime, a multi-agency body of organisations involved in wildlife law enforcement in the UK. Jack Ashton-Booth and Tom Grose. Welcome Jack and Tom! The RSPB welcomed two new starters in April to replace Tim Jones on the Hen Harrier LIFE project. Jack Ashton-Booth and Tom Grose join the team as Assistant Investigations Officers on 15-month and five-month contracts respectively. Based in Denby Dale, they will be working across England and Wales following up reports of hen harriers and assisting with the initial phase of nest protection and satellite-tagging. Jack is an experienced raptor enthusiast who has been working on wildlife filming projects for Robert Fuller in the Yorkshire Wolds. He lives near York and enjoys climbing. He will be line-managed by Mark Thomas. Tom has most recently worked for the RSPB on the curlew project and is also an experienced birder. He lives in Sheffield and when he isn t birding or down the allotment he can be found DJing in some of Sheffield s clubs! He will be line-managed by Howard Jones. If you d like to change how you hear from us or you no longer wish to receive this publication, just let us know. Please call Jenny Shelton on or jenny.shelton@rspb.org.uk. For more information about your data protection rights please take a look at: rspb.org.uk/privacypolicy PAW provides opportunities for statutory and non-governmental organisations to work together to combat wildlife crime, and to promote the enforcement of wildlife conservation legislation, particularly through supporting the networks of Police Wildlife Crime Officers and officers from HM Revenue and Customs and the UK Border Agency. Want more info? Visit defra.gov.uk/paw The RSPB UK Headquarters The Lodge, Sandy, Bedfordshire SG19 2DL Tel: Scotland Headquarters 2 Lochside View, Edinburgh Park, Edinburgh EH12 9DH Tel: Northern Ireland Headquarters Belvoir Park Forest, Belfast BT8 7QT Tel: Wales Headquarters Castlebridge 3, 5 19 Cowbridge Road East, Cardiff CF11 9AB Tel: W C O KEEPING WILDLIFE CRIME OFFICERS INFORMED 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 and mailing list updates to The Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by to jenny.shelton@rspb.org.uk or telephone The views expressed in Legal Eagle are not necessarily those of the RSPB or PAW. The RSPB is the UK s largest nature conservation charity, inspiring everyone to give nature a home. We play a leading role in BirdLife International, a worldwide partnership of nature conservation organisations. The RSPB is a registered charity in England and Wales , in Scotland SC Cover photo: Goshawk by Ben Hall (rspb-images.com) For more information on wild birds and the law, visit rspb.org.uk/birdlaw 20