BIRDCRIME 2011 Offences against wild bird legislation in 2011

Transcription

1 BIRDCRIME 2011 Offences against wild bird legislation in 2011

2 Contents Contacts The RSPB UK Headquarters The Lodge, Sandy, Bedfordshire SG19 2DL. Tel: Northern Ireland Headquarters Belvoir Park Forest, Belfast BT8 7QT. Tel: Scotland Headquarters 2 Lochside View, Edinburgh Park, Edinburgh, EH12 9DH. Tel: Wales Headquarters Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB. Tel: Foreword 2 A manifesto for change 4 Comment 8 Summary of reported incidents Poisoning 12 Shooting and destruction of birds of prey 16 Map of confirmed UK bird of prey persecution and poisoning incidents 16 Egg collecting and disturbance 22 Trade in wild birds and taxidermy 26 Prosecutions in Review of Partnership for Action Against Wildlife Crime 35 Legal issues 36 Forensic update 37 The Partnership for Action Against Wildlife Crime (PAW) PAW is a multi-agency body comprising representatives of the organisations involved in wildlife law enforcement in the UK. It provides opportunities for statutory and non-government organisations to work together to combat wildlife crime. Its main objective is 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. Please visit for more information. International update 38 Appendix I Incidents reported to the RSPB Appendix II Regional breakdown of incidents reported in Appendix III Confirmed and probable bird of prey and owl persecution during Appendix IV Confirmed poison abuse incidents during Appendix V Schedule 1 nest robberies during Appendix VI Wild bird related prosecutions in The views expressed in Birdcrime are not necessarily those of the RSPB or PAW. 1

3 Foreword Contents Grahame Madge (rspb-images.com) Twelve months ago, I argued that more needed to be done to help birds of prey live in harmony with people. How have our birds of prey fared since then? How have decision-makers reacted and is there cause for optimism? Let s start with the bottom line and the fate of birds such as the hen harrier. The news, sadly, is grim. Very few hen harriers nest successfully on land managed for grouse shooting, although it provides the food and nesting sites they need. In England, extinction as a breeding species looms, with just one nesting attempt in Governments and their agencies across the UK acknowledge that, sadly, persecution remains a problem. And it isn t just hen harriers. A study of peregrines in northern England, by the RSPB and the Northern England Raptor Forum, found breeding success on grouse moors to be half that in other habitats, with peregrine populations unable to sustain themselves without immigration from birds nesting successfully away from grouse moors. There are those who argue that the relative rarity of prosecutions is evidence that crimes against birds of prey are equally rare. Yet, much persecution occurs in remote, inaccessible places. This, coupled with a shortfall in proactive enforcement activity, makes it difficult to collect evidence to support prosecutions. The RSPB s Investigations team, whose work you can read about in this report, does an amazing job in spotlighting illegal actions. But the numbers and distribution of the birds themselves provide the clues as to the real impact of persecution. The UK Government acknowledges the problem raptor persecution is a UK wildlife crime priority. It is difficult, however, to point to meaningful progress against the recommendations we made in last year s report. The future of the National Wildlife Crime Unit (NWCU) is uncertain beyond March Opportunities, such as implementing controls on possessing pesticides used to poison wildlife, have been missed. The good news is that the House of Commons Environmental Audit Committee is re-visiting its 2004 inquiry into wildlife crime, scrutinising the Government s performance in this area. The Committee s report is due in autumn 2012 and I hope that it makes a strong case for change. The RSPB gave evidence, as did the Association of Chief Police Officers new lead on wildlife crime and the new head of NWCU, and I am pleased that both bring their perspective to these pages. The years 2012 and 2013 are important ones in the fight to tackle wildlife crime in the UK, particularly in England and Wales. The respective governments have the opportunity to improve wildlife laws and associated enforcement structures, and make a lasting difference to the prospects of birds such as hen harriers and peregrines. Over the next few months, the Law Commission will consult on its proposals for reform of wildlife protection laws in England and Wales. This brings the possibility of new offences and penalties to aid the prosecution of those who harm wildlife. The Scottish Government has introduced new offences, including that of vicarious liability, designed to tackle bird of prey persecution. The Governments of England and Wales have the opportunity to follow suit via new legislation. This will take time and it is worth getting right. The police service is being re-organised, with the creation of the National Crime Agency (NCA) to tackle serious and organised crime across the UK from The RSPB believes that persecution of birds of prey is both serious and organised and that the NCA has a vital role to play in supporting police forces in tackling it. New police and crime commissioners will be elected in late 2012 in England and Wales, guiding police forces in prioritising their work and ensuring that criminal activities affecting local communities are addressed. Last, but definitely not least, the future shape and direction of the nature conservation agencies in England and Wales will be decided. We will argue that any change must bolster our collective capacity to deliver the UK Government s ambition to protect wildlife and... restore biodiversity. Collectively, this amounts to the best chance in a generation, since the 1981 Wildlife and Countryside Act, to tackle wildlife crime and, in particular, the intolerable Victorian throwback of persecuting birds of prey and other wildlife in the name of sport. In 2010, nearly a quarter of a million people signed an RSPB pledge calling for an end to illegal killing of birds of prey. It is time for their voice to be heard. For birds like the hen harrier in England, this could literally be the last chance to save. Our manifesto for change is outlined in the following pages. I hope that governments across the UK seize this opportunity and step up for nature. Martin Harper Conservation Director Peregrine by Ben Hall (rspb-images.com) 2 3

4 A manifesto for change Improving wildlife laws The Wildlife and Countryside Act (WCA) 1981 is at the core of legislation to protect wild birds. A critical component in transposing the EC Birds and Habitats Directives into domestic law, it has stood the test of time and, while heavily amended, remains a sound piece of legislation. However, as this report illustrates, crimes against wild birds, most notably birds of prey, persist due largely to inadequate enforcement of existing laws. Governments across the UK need to change the behaviour of those responsible, through better use of existing provisions, new offences and stronger penalties. Those in England and Wales have the perfect opportunity to do this. The Law Commission is reviewing species legislation in England and Wales and will propose reforms. It is essential that the Commission s proposals: i) properly transpose the Nature Directives, ii) rationalise wildlife and game legislation into one coherent law, and iii) achieve a framework that is fit-for-purpose for the coming decades. The RSPB believes that the following improvements are necessary to protect wild birds better, and to facilitate the prosecution of wildlife crime. Hen harrier by Mark Hamblin (rspb-images.com) Recommendation 1: Introduce offence of vicarious liability. There is strong evidence of a link between raptor persecution and land managed for driven grouse shooting in the uplands of England and parts of Scotland. We believe the widespread and systematic nature of this activity classifies it as serious and organised crime. The current level of convictions and available penalties carry little deterrent value, partly because the law does not target those who encourage or require their employees to break the law by killing birds of prey. An offence of vicarious liability was introduced in Scotland in This imposes criminal liability on persons where their employee or agent or contractor commits an offence, unless they can show they were unaware of the offence and had exercised due diligence. The RSPB believes it essential that those ultimately responsible for enterprises where raptor persecution can be proven to have taken place be made accountable. Recommendation 2: Enact possession controls on pesticides used to poison wildlife. The impact on birds of prey and other wildlife of illegal poisoning is of particular concern. It has often proved difficult to bring those responsible for such incidents to justice. The Department for Environment, Food and Rural Affairs (Defra) introduced controls under the Natural Environment and Rural Communities (NERC) Act 2006 to prohibit the possession of certain listed pesticides without legitimate reason, but did not list the proscribed pesticides. The Scottish Government enacted similar legislation in 2004, resulting in 10 convictions to date. Northern Ireland has recently introduced similar legislation but has yet to create the schedule of pesticides. Recommendation 3: Increase penalties available to courts for wildlife offences. The current maximum fine that can be awarded for offences to be tried in the ' Court under the WCA is 5,000 and/or up to six months in prison. This is inadequate as a deterrent to those involved in serious and organised crime, and is out of line with penalties under other environmental legislation. Penalties should be increased to a maximum 50,000 fine and/or up to 12 months in prison in the Court, and unlimited fines and/or up to five years in prison in the Crown Court. Recommendation 4: Modernise regulation of game shooting. The UK is almost unique in Europe and North America in having no form of, or potential for, the regulation of game shooting by individuals or service providers. Given its potential to reduce populations of species of conservation priority, and the serious and organised nature of crimes committed against birds of prey, consideration of stronger sanctions is merited. An option to withdraw the right of an individual to shoot game, or businesses to supply shooting services, for a fixed period following conviction for a wildlife or environmental offence, should be considered. Recommendation 5: Add reckless provisions to all intentional offences. Reckless provisions with respect to certain disturbance offences already exist. These originated from the failure of a number of wildlife cases where, although clear harm was done to protected species and the perpetrators appeared well aware of the risk of harm, it was not possible to prove beyond all reasonable doubt that they intended harm. The Scottish Government added recklessly to all intentional offences in 2004 this should be the case across the UK. 4 5

5 A manifesto for change Reforming policing of wildlife crime While fit-for-purpose legislation is vital and carries a deterrent value, proactive enforcement is key to making a difference for wildlife. Significant progress has been made over the last two decades, with wildlife crime recognised as a priority by individual police forces and the creation of the National Wildlife Crime Unit. However, the reality of funding constraints has seen some forces cancel Wildlife Crime Officer posts, and the NWCU struggle to meet the demands placed on it as a small, standalone agency. Wildlife crime can be serious and organised, affecting not only wildlife itself, but communities that stand to benefit from the presence of charismatic species such as birds of prey and the consequent potential for tourism revenue. The opportunity cost of birds being absent because of sustained persecution can be significant white-tailed eagles generate 5 million per annum for the local economy of the Isle of Mull, Scotland. Government intervention to ensure effective enforcement of the laws protecting our wildlife, whether it occurs in the UK or overseas, is justified both on conservation, economic and ultimately moral grounds. The need for positive change is supported by a large constituency of people nearly a quarter of a million people signed the RSPB s pledge to stop illegal killing of birds of prey in The good news for decision makers is that the RSPB believes evolution, not revolution, of existing enforcement structures is required, as outlined in the following recommendations. Recommendation 6: Secure the long-term future of the NWCU. The NWCU provides excellent value for money by co-ordinating intelligence gathering and supporting enforcement efforts across police forces. The RSPB believes it is vital that the function of the NWCU is preserved, enhanced and adequately resourced beyond March 2013, providing stability and enabling long-term operational planning to tackle the UK Government s wildlife crime priorities. Recommendation 7: Task the NCA with tackling serious and organised wildlife crime. The National Crime Agency will commence operations in 2013, with a remit to tackle serious and organised crime across the UK. The RSPB believes that some aspects of wildlife crime, including bird of prey persecution, fall into this category. Responsibility for leading enforcement efforts should therefore lie with the NCA, with the NWCU providing intelligence support as required. Recommendation 8: Enable Natural England to protect wildlife and the places where it lives more effectively. Legislation for dealing with illegal activity affecting protected sites is broadly fit-for-purpose, although enforcement powers should be standardised with those for species offences. Recent events suggest a presumption against taking robust enforcement action when damage occurs to protected sites in England. This is compounded by a lack of analysis of compliance with, and efficacy of, restoration orders. Recommendation 9: Prioritise enforcement in wildlife crime hotspots. Agreeing local policing priorities is properly done at individual force level, but the appointment of police and crime commissioners should help ensure that the views of local communities and national policing priorities are taken into account. While wildlife crime is widespread, its impacts are often focused in particular areas, depriving local communities of the spectacle of, and economic benefits that can flow from, the presence of spectacular wildlife. In such hotspots, policing resources need to be protected and, in some cases, increased, if wildlife crime is to be tackled. Recommendation 10: Use wildlife crime priority delivery groups to co-ordinate action. The UK wildlife crime priorities, which draw upon scientific evidence and prosecution data agreed by government and enforcement agencies, remain a necessary means of prioritising prevention, intelligence and enforcement activity. Delivery of the raptor persecution priority has been mixed, with good progress in Scotland but slower progress elsewhere. The delivery groups must be supported adequately by the police, and appropriate accountability arrangements introduced. Recommendation 11: Improve recording and reporting of wildlife crime. The RSPB believes that reliable data are essential to monitoring the extent of wildlife crime and whether enforcement and other measures are effective. However, statutory efforts to record wildlife crime remain disjointed and inconsistent. Serious wildlife crimes with major conservation impacts, such as poisoning eagles, should be recorded by the Home Office, in the same way as crimes such as minor theft. A reliable system for retrieving wildlife related prosecutions is also needed, to help provide sentencing advice for courts and to assess sentencing consistency. Recommendation 12: Improve co-ordination between statutory agencies. Significant sums of public money are provided to those managing the countryside through Single Farm Payments (SFPs). To target effectively, and penalise, those involved in perpetrating wildlife crime, it is essential that the full range of relevant offences are covered by cross-compliance rules and that the value of government interventions is maximised. For example, all wildlife crime cases occurring on land registered for SFP should be notified to the Rural Payments Agency as a matter of course. Recommendation 13: Establish a Wildlife Crime Unit in Scotland. Combating wildlife crime has been signalled as a Scottish Government priority, and we welcome this support. As part of the current reform of policing structures in Scotland, including the formation of a single Scottish Police Service, it is essential that full provision is made for effective wildlife crime enforcement. We recommend the establishment of a full-time, well-trained and flexible Wildlife Crime Unit, which is able to operate across the country, as well as the maintenance of the local Wildlife Crime Officer network. Goshawk by Dean Bricknell (rspb-images.com) 6 7

6 Comment Cumbria Police The police perspective The two newly in post senior police officers with responsibility for tackling wildlife crime in the UK offer their individual perspectives on the way forward. Stuart Hyde In recent months I have become the lead on wildlife and rural crime for the Police service in England, Wales and Northern Ireland. I am very pleased to have been asked so early on to be asked to write an introduction for this year s Birdcrime report. As a Chief Officer in a police force covering some of the most beautiful countryside in Britain, visited by millions each year, I am very conscious of the economic value of the landscape and the species that inhabit it. It is therefore disappointing to read that birds of prey are persecuted to such a great extent throughout the country. Such levels of persecution cannot be tolerated and fortunately there is now evidence to demonstrate not only that those who persecute birds of prey face effective investigation, but, if brought to court, they can face significant sanction. It is evident to me that if the problem of bird of prey persecution is to be resolved then all interested parties, be they conservationists, land owners or land managers, need to show commitment and enthusiasm in tackling it. I am optimistic that this will happen, with a recent meeting of the wildlife crime priority delivery group providing some cause for that optimism. The next year will see interesting developments around wildlife crime. I have recently given evidence to the House of Commons Environmental Audit Committee s inquiry into wildlife crime and will read their report with interest. I am also aware of the current work being undertaken by the Law Commission to consider the need for a review of wildlife crime legislation. I will ensure that the Police service makes appropriate contributions to their public consultation currently underway. Tackling wildlife crime does require real partnership working. The relationship between the Police and the RSPB demonstrates how good this can be. Historically, the Police service has also benefited from close working relationships with gamekeepers. There is every reason for us to want to continue in such a mutually beneficial relationship. Sadly, whilst welcoming the support of those organisations representing shooting interests in tackling persecution, the activities of a few can only undermine the efforts of the majority. Stuart Hyde, Chief Constable of Cumbria Police and Association of Chief Police Officers (ACPO) lead on wildlife crime. G Shorrock (RSPB) Nevin Hunter Crime against birds takes many forms and remains a significant challenge for us at the NWCU. As the new Head of the Unit, my aim is to reassure communities that all wildlife crime involving the persecution of birds of prey and other crime against birds will not be tolerated and is taken seriously. This is exemplified with the recent conviction and imprisonment of Matthew Gonshaw, a serial egg collector. He received prison sentences in England and Scotland as a result of the work of Police Wildlife Crime Officers (WCOs) from Scotland and England, and the NWCU, working closely with and supported by the RSPB Investigations Team. In last year's Birdcrime, my predecessor said that building upon previous work was vital if the challenge of raptor persecution was to be overcome. My view is that progress on this has been painfully slow over many years. I say this as an experienced Police Wildlife Crime Officer, who has investigated offences over many years involving the deliberate persecution of birds of prey. In one such case the offender laced pheasant baits with carbofuran, was arrested and came within a whisker of being imprisoned. His case received national media attention, bringing his profession into disrepute and tarnishing all involved with it. Unfortunately cases such as this are still regularly reported. Having said that progress to address this problem has been slow, it is good to be able to report that partnership work is starting to have an impact, most notably in Scotland. Poisoning incidents appear to have declined over the past year. Whilst we need to take encouragement from this, we need to remain vigilant while we establish whether this is a genuine decline or just a change of tactic by those engaged in such activity. But it appears that the message has hit home persecution is not acceptable and we need to continue to build momentum addressing it across the UK. The NWCU will work with partner organisations, taking preventive measures wherever possible to address wildlife crime. Where this fails we will use intelligence and take robust enforcement action, using the skills and tools available to us, to support our colleagues within the Police and wider law enforcement community UK-wide. In taking a robust line on offending I must add that the Police role is to ensure that those undertaking lawful activities are able to do so by making sure that those tempted to break the law are tackled. In order to do this the Police need the support of all communities. I ask that anyone who knows of, or suspects, illegal activity against birds of prey or any other wild birds to make early contact with the excellent network of Police Wildlife Crime Officers that now exists across the UK. Nevin Hunter, Head of the UK Police National Wildlife Crime Unit (NWCU) 8 9

7 Summary of reported incidents in 2011 This report summarises offences against wild bird legislation reported to the RSPB in Further copies are available on request from the RSPB Investigations Section at The Lodge, Sandy, Bedfordshire SG19 2DL, or from the RSPB website ( Since 2009, Birdcrime reports have not included a total reported figure for all categories of wild bird crime. The police National Wildlife Crime Unit (NWCU) now receives data on incidents of all wild bird crimes from police forces across the UK, as well as from the RSPB and RSPCA. This enables the NWCU to publish a total figure for wild bird crime in the UK in their annual report, at the end of each financial year. With this process now in place, the RSPB Investigations team can focus finite resources on wild bird crime affecting species of high conservation concern, and crime that is serious and organised. Incidents are recorded in three categories: Unconfirmed The circumstances indicate an illegal act has possibly taken place. Probable The circumstances indicate that by far the most likely explanation is that an illegal act has taken place. Confirmed The circumstances indicate an illegal act has taken place. These incidents are typically substantiated by evidence such as post mortem or toxicological analysis (eg shooting and poisoning cases), or reliable eye-witness evidence. During 2011 the RSPB received: 100 reports of poisoning incidents, including 52 confirmed incidents of abuse (see Appendix IV) involving the confirmed poisonings of at least 70 individual birds or animals. 202 reports of shooting and destruction of birds of prey, with the confirmed shooting of 30 individual birds of prey. 30 reports of egg-collecting incidents. There were three confirmed and six probable nest robberies of eggs and chicks from Schedule 1 species. 18 reports relating to illegal disturbance or photography of Schedule 1 birds. 26 reports of illegal taking, possession or sale of birds of prey. 69 reports of illegal taking, possession or sale of wild birds other than birds of prey, predominantly finches. It is believed that these published figures represent only a fraction of the number of incidents regarding each category, as many remain undetected and unreported, particularly those that occur in remote areas. Persecution continues to have a conservation-level impact on several priority species, such as golden eagle and hen harrier. The UK breakdown of reported bird of prey persecution incidents published in this report shows that 61% occurred within England, 26% in Scotland, 6% in Wales and 6% in Northern Ireland (1% occurred in an unknown location in the UK). In 2011, the RSPB received information on 42 individual prosecutions involving wild birds. These cases involved a total of 152 charges, of which 137 were proven. Fines for the year totalled 37,690 and four people were given prison sentences (one of which was suspended). Birdcrime figures may vary from other published reports, because data sets compiled for different purposes, using very different methods, are unlikely to be directly comparable. The RSPB has been recording wildlife crimes for several decades using a consistent recording format to allow trends to be detected from year to year. NWCU data rely on a police recording system that cannot record crimes against wild birds in a consistent way across the UK. Consequently, there will be some variation in how incidents are recorded, assessed and categorised. For example, the RSPB is currently the only agency to have a standardised method of reporting wildlife poisoning cases from information published by the UK Government, which is supplied as pesticide analysis data rather than crime data. Because of the ad hoc nature of the way in which offences are discovered, the conclusions that can be drawn from annual crime figures alone, however they are compiled, will always be limited. A much more complete and statistically robust picture of the impact of these crimes can be Golden eagle by Stig Frode Olsen gauged though the systematic study of bird populations themselves. For example, Scottish Natural Heritage s (SNH) framework analyses of golden eagles (see Birdcrime 2009) and hen harriers (see Birdcrime 2010) are both rigorous long-term studies that demonstrate the severe effects that illegal killing is having on national populations of these species. Acknowledgements In addition to members of the public, the RSPB would like to acknowledge the following organisations who have supplied data used in this report: All UK police forces The Chemicals Regulations Directorate (CRD); Food and Environment Research Agency (FERA); Science and Advice for Scottish Agriculture (SASA) The Royal Society for the Prevention of Cruelty to Animals (RSPCA) The Scottish Society for the Prevention of Cruelty to Animals (Scottish SPCA) Raptor Study Group workers Predatory Birds Monitoring Scheme (PBMS) Due to staffing changes, the NWCU was unable to provide incident data for Overall totals are expected to be slightly lower as a consequence

8 1 Poisoning Case studies Poisonings rife on the Riviera In 2011, the 100 reported incidents of wildlife poisoning and pesticide-related offences was lower than the 129 incidents in 2010 and below the average for the previous five years ( average of 157 incidents). There were 52 incidents where abuse of a pesticide was confirmed by analysis of victim and/or bait (during there was an average of 77 confirmed abuse incidents per year). The confirmed abuse incidents in 2011 involved the poisonings of at least 70 individual birds or animals. In addition to the 52 confirmed pesticide abuse incidents, there were also five confirmed incidents of illegal possession of pesticides connected with wildlife poisoning. There were 14 confirmed incidents of birds of prey containing second generation rodenticides. Some of these led directly to the death of the birds; in other cases the remains contained sub-lethal levels of these products and the birds died from other causes. All wildlife poisoning data is supplied by the UK Government. The RSPB remains the only agency to present the pesticide analysis data in a standardised format to reflect actual wildlife crime incidents. Consequently, there may be some minor variation on how data is presented by different agencies. Natural England During 2011, a number of high profile poisoning cases in the South West of England came to light, making it the worst year on record for poisonings in the region and highlighting the continued abuse of pesticides as a weapon to target birds of prey. Incidents began in March, when an online RSPB crime report detailed the discovery of a number of dead birds of prey in Forestry Commission woodland to the west of Exeter. Four goshawks and a buzzard were recovered by Devon and Cornwall Police with assistance from the RSPB and the Forestry Commission. Veterinary examination indicated that they had not been shot and the birds were passed to the Wildlife Incident Investigation Scheme (WIIS) run by Natural England. Testing proved that all five birds had died as a result of deliberate poisoning by a concoction of carbamate pesticides and rodenticides. This was a very significant incident, which destroyed an adult breeding pair of goshawks, a major blow to the small Devon population. Hot on the heels of this, a wing-tagged red kite was found dead on 24 March, beside the Tarr Steps to Withypool walk on Exmoor. A partially predated pheasant was also noted nearby, although not recovered during a wider search. Tests confirmed the presence of the banned pesticide carbofuran and clearly the kite had been the victim of a deliberate poisoning. Next came two incidents on 21 July, both involving peregrines. First was the discovery of a breeding pair of adult peregrines RSPB found dead on a golf course at Cape Cornwall, lying close to the remains of a dead feral pigeon. All three birds were tested by Natural England and found to contain high levels of carbofuran sadly, once again a deliberate poisoning. The final incident involved a young female peregrine, which was found dead at a quarry near Buckfastleigh, Devon. Peregrines had previously been poisoned at this location, so it was no surprise when the analysis result proved the bird had been deliberately poisoned with residues of carbofuran and aldicarb. A series of high profile media appeals and rewards for information were launched in connection with these incidents but, despite a good response, they failed to lead to a conviction. Examining which pesticide was involved in each of the confirmed abuse incidents revealed that the trend from previous years prevailed, with the most commonly abused being carbofuran, banned since 2001, with 24 confirmed incidents. This peregrine was found poisoned next to a woodpigeon bait laced with the banned pesticide aldicarb, near Louth, Lincolnshire in September The bird, a juvenile, had been ringed as a nestling earlier in the year at a nest in Kent. The incident was investigated by Natural England and Lincolnshire Police but no-one was charged with placing the bait or killing the peregrine. Devon and Cornwall Police WCO PC Josh Marshall (left) and RSPB investigator Mark Thomas holding two of the dead goshawks

9 Carbofuran the poison of choice for more than a decade Since the first confirmed abuse case in Fife in 1988, the pesticide carbofuran has quickly become the product of choice for the wildlife poisoner. Despite approval for any legal use being withdrawn in 2001, this highly toxic product has been the most persistently abused product for the illegal poisoning of wildlife during the last 10 years. The pesticide was formerly approved as an agricultural insecticide for use on a number of crops. The RSPB believes that carbofuran and other pesticides have been deliberately stockpiled and distributed amongst wildlife poisoners, with this and other products sometimes being imported from foreign countries such as Ireland. Based on data gathered through the government Wildlife Incident Investigation Scheme (WIIS), during the 10-year period 2002 to 2011, since the storage or use of carbofuran was made illegal, there have been 643 bird crime poisoning incidents (incidents where birds were poisoned due to abuse of pesticides or where birds were vulnerable to illegal poisoned baits). Of these, 317 (49%) involved carbofuran. The graph above right shows the proportion of carbofuran incidents during this period. Pesticide abuse incidents involving wild birds, Carrion-eating species, such as kites, are particularly vulnerable to pesticide abuse, but even active predators such as peregrines have been poisoned. Peregrines have often been killed using a tethered live pigeon smeared with poison as bait. Species Number birds recorded poisoned in UK 2002 to 2011 Other Carbofuran The known totals during this period for the species listed on the UK raptor persecution wildlife crime priority, plus buzzard, and the number involving carbofuran (62% of total), are shown in the table below. Number involving presence of pesticide carbofuran Buzzard Red kite Peregrine Golden eagle Goshawk 7 7 White-tailed eagle 6 4 As with other incidents of raptor persecution, there is no doubt that only a small fraction of offences committed are ever discovered and reported. The conservation impact of poisoning can be highly significant. The expansion of the red kite population around the Black Isle, Highland, following a reintroduction project which started in 1989 has been severely affected by persecution, primarily illegal poisoning. A paper published in the scientific journal Biological Conservation in 2010 estimated that the population, which stood at just 41 pairs in 2006, would have numbered more than 300 pairs in the absence of persecution. Poisoning incidents involving birds of prey in the UK are shown in the graph below. There has been some speculation that the lower number of recorded poisoning incidents relating to birds of prey in Scotland during 2011 may be the result of concern by managers and landowners that an offence of vicarious liability was in preparation. This law came into force at the start of While year to year variations cannot be reliably compared statistically, the RSPB will be watching with interest the levels of recorded wildlife poisoning in Scotland during the next few years, to see if any real Pesticide abuse incidents involving birds of prey in the UK, Wales trend develops. It is hoped that the new vicarious liability legislation may make those ultimately responsible for raptor persecution offences more accountable and lead to a reduction in the level of offending. This red kite in Cambridgeshire was yet another victim of carbofuran. It was one of 17 red kites known to have been illegally poisoned in The real figure was undoubtedly far higher. Guy Shorrock (RSPB) 14 15

10 2 Shooting and destruction of birds of prey Confirmed bird of prey and owl shooting, destruction and poisoning incidents 2011 Incident Illegal pole/spring trapping (4) Illegal trapping other (7) Nest destruction (1) Persecution other (2) Poisoning (40) Shooting (28) In 2011, there were 202 reported incidents of illegal shooting, trapping and nest destruction involving birds of prey (see Appendix I). This is lower than the 235 incidents reported in 2010, and lower than the last five-year average ( average of 248 reported incidents).the number of confirmed incidents was 45, which is lower than the last five year average ( average of 50 confirmed incidents). Of the 202 reports, 45 were confirmed and 59 were probable. The most commonly reported crime was shooting, with 85 reports of incidents involving the shooting or attempted shooting of raptors and owls. Of these, 31 were confirmed and a further 24 were probable. There were 11 reported incidents relating to destruction of birds of prey nests, eggs or chicks (of which one was confirmed), 26 reported incidents (12 confirmed) in relation to the illegal trapping of birds of prey and a further 80 reported incidents of other offences. This recently shot short-eared owl was found hidden under a boulder during the execution of a search warrant by Grampian Police on a grouse shooting estate in Aberdeenshire in May The search followed the discovery of a poisoned golden eagle on the same estate. Intelligence from within the shooting community suggests that large numbers of short-eared owls are being killed on some grouse moors. RSPB Scotland Note: the number of mapped incidents is fewer than the number reported, as not all incidents can be allocated a grid reference. Where more than one incident occurred in the same 10 km grid square, the relevant symbols have been moved slightly for clarity

11 Investigations into shooting and trapping incidents in 2011 Norfolk Police G. Shorrock (RSPB) Hertfordshire Police and the RSPB undertaking a line search in October 2011 following an allegation of red kite shooting. N Turner This young marsh harrier was found shot near Barnard Castle, Co. Durham, in September It had gunshot wounds to both wings and one leg. Despite a reward being offered for information, no-one was convicted of this crime. Happily, after successful veterinary care, it had recovered sufficiently to be released back to the wild in the spring of Norfolk Police discovered this tawny owl caught in a pole trap after a tip-off from the public in May The trap had been set on top of one of the posts of a chicken run at Easton near Norwich. The owl had suffered horrific injuries to both legs as the trap had cut through the skin and flesh down to the bone on both legs. The setting of pole traps has been outlawed for over 100 years. The person who set the trap was fined just

12 New studies throw further light on the extent of raptor killing on shooting estates Steve Knell (rspb-images.com) Buzzards are the most commonly persecuted bird of prey in the UK. Raptor persecution on sporting estates remains a serious conservation problem. But just how many birds of prey are killed? Some gamekeepers claim, in confidence to the RSPB, that single estates are killing more birds of prey than the total number of confirmed incidents recorded annually by the RSPB for the entire UK. Some support for this is apparent from vermin books that are occasionally recovered by police. In 2008, for example, one such book from a lowland pheasant shoot indicated that, in less than a year, two gamekeepers had killed 102 buzzards, 40 badgers and 37 ravens. Recently, two papers have been published that shed yet more light on the scale of the killings. A study published in the journal Biological Conservation looked at peregrine nest data collected by raptor study groups across northern England. More than a thousand nest histories were studied in the north of England, over nearly 30 years between 1980 and The study found that peregrines on or close to intensive grouse moor areas bred much less successfully than those in other habitats. Dr Arjun Amar, the paper s lead author, said, I was shocked at just how low the bird s breeding output was on grouse moors; they were significantly less likely to lay eggs or fledge young. He added, The few birds that did lay eggs or fledge young on grouse moors did just as well as those breeding off grouse moors, which suggests that a shortage of food supplies can be ruled out of the equation. The only logical explanation for these differences is that persecution is rife on many driven grouse moors. Performance was so bad that peregrine populations would be unable to sustain themselves on grouse moors without immigration of birds from other habitats. Another paper in Scottish Birds revealed that persecution of birds of prey on an estate in Perthshire was rife up to the late 1980s. More birds of prey and owls were killed there than have ever been reported in bird crime figures for Scotland in one year, confirming that bird crime largely goes unreported. Bob McMillian, former ACC of Tayside Police, was allowed access to game and vermin lists for the Atholl Estate, the second largest estate in Scotland, from 1867 to Records from 1867 to 1911 show that 14,386 A recently fledged peregrine. A study showed that peregrines on some grouse moors fledged fewer young. hawks, 5,495 owls and 1,921 ravens were killed on the Estate. There was considerable variation between gamekeepers, with a few not killing protected birds. The study compared documented persecution with long-term datasets held by the RSPB. The vermin figures on just one beat on the estate between 1980 and 1988 showed an average of 25 birds of prey and owls being killed each year. RSPB records of confirmed incidents of persecution for the whole of Scotland for the same period averaged fewer than 14 incidents a year, and included none of this beat s incidents, showing that recorded crime is just the tip of the iceberg. Encouragingly, the Atholl estate is now heavily committed to wildlife tourism and has developed a wildlife ranger service part-funded by SNH. The result of this relentless onslaught is not difficult to find. In 2011, the hen harrier declined to just four successful nests in England, leaving it on the brink of extinction there. The government must find practical and innovative methods to bring pressure to bear on those sporting estates that continue to sanction their staff to commit criminal acts on their behalf. Mark Thomas (RSPB) 20 21

13 3 Egg collecting and disturbance Case studies Serial egg collector banned from Scotland In 2011, there were 30 reported incidents of egg collecting and egg thefts, and four reports of eggs being sold. This is lower than the combined egg collecting and egg sale total of 46 incidents reported in 2010, and below the last five-year average ( ) of 65 incidents per year. There were three confirmed and six probable nest robberies from Schedule 1 species reported in 2011 (see Appendix V). These involve both egg collecting incidents and eggs and chicks taken for the live bird trade. Confirmed robberies involved the nests of three avocets. Probable robberies involved the nests of five peregrines and one Slavonian grebe. These relatively low figures are a good sign, and illustrate that since the early 1990s the numbers of egg collecting incidents have reduced significantly, and that this downward trend continues. However, it is clear that a number of individuals are still actively taking either eggs for collections, or chicks for falconry purposes. In 2011, there were also 18 reported incidents of illegal photography and disturbance of Schedule 1 species, (the average was 39 incidents). J A Davies (National News) With four previous convictions to his name, Matthew Gonshaw has become synonymous with the illegal taking of wild birds eggs and in 2011 he went a step further, being the first ever wildlife criminal to receive an Anti Social Behaviour Order (ASBO), banning him from Scotland. On 1 June 2011, Matthew Gonshaw was intercepted by Northern Constabulary and the NWCU on the remote Scottish island of Rum. He was found to be in possession of 20 wild bird eggs, including eight Manx shearwater eggs. Whilst he was in custody in Scotland, a search by the Metropolitan Police Wildlife Crime Unit and the RSPB at his home address in Bow, London, uncovered nearly 700 more wild birds eggs. RSPB staff found the collection contained three clutches of golden eagle, osprey and avocet eggs, the latter taken only a few weeks before the search warrant. Notes seized from Gonshaw suggested that he had visited Scotland several times and had targeted golden eagles in the Western Isles and ospreys and redwings in the Highlands. It was also clear from his G. Shorrock (RSPB) Matthew Gonshaw arriving at court Mark Thomas (RSPB) Twelve avocet eggs taken by Gonshaw from Two Tree Island, Essex, April 2011 Golden eagle eggs taken by Matthew Gonshaw from Isle of Lewis, Scotland The size of the blow holes confirmed the eggs held well-developed embryos

14 Operation Compass points the way notebooks that he had started collecting again straight after his last conviction and jail sentence in A large amount of egg collecting paraphernalia was found at the house, including egg collecting books, padded containers and maps. Gonshaw was arrested in England and interviewed. Both Scottish and English cases then progressed separately. On 13 December, Gonshaw was sentenced to six months imprisonment at Thames Court, London, after pleading guilty to 10 charges including taking and possession of eggs and going equipped to commit the offences. Judge Ashworth said that Gonshaw had targeted the rarest birds, putting them at peril and affecting the communities in which the birds were found. On 17 February 2012, Gonshaw appeared before Stratford Court, London, where a post conviction Anti-Social Behaviour Order (ASBO) was imposed upon him for egg collecting, this being the first ever ASBO in a UK wildlife case. The court had been handed statements from ten concerned individuals and organisations, including the RSPB, Wildlife Trusts, NWCU, raptor fieldworkers and the co-ordinators of the anti-egg collecting initiatives Operation Easter and Operation Compass. WCO Steve Rodgers with birds eggs recovered from Gonshaw s home. The ASBO was ordered with eight conditions; most significantly, Gonshaw was banned from entering Scotland between 1 February and 31 August for 10 years. On 11 May 2012 Gonshaw was back in court, this time in Scotland, for the offences on the Isle of Rum. At Inverness Sheriffs Court he was sentenced to six months imprisonment and received a further ASBO, banning him from Scotland between 1 February and 31 August for life. Sheriff Neilson commented that it was her duty to protect the wildlife of Scotland from predators like Gonshaw. Gonshaw now has the notoriety of becoming the most jailed egg collector in Britain, with five sentences. With this background it remains to be seen if these ASBOs have any effect. If Gonshaw continues to take eggs and breaks the terms of the ASBO he is liable to a maximum of five years imprisonment and a fine of 20,000. Gonshaw has appealed against the conditions of the ASBO imposed on him by the English court. Mark Thomas (RSPB) East Anglia is renowned for its diversity of birds, particularly scarce breeding species such as bittern, marsh harrier, little tern, Montagu s harrier, avocet, stone curlew and golden oriole. Sadly, these species attract not only birdwatchers but also egg collectors. Over the past 20 years the RSPB has been aware of a number of nest robberies but thankfully in recent years the situation has improved. We think this is largely thanks to the introduction of custodial sentences for wildlife crimes under the Wildlife and Countryside Act 1981, and to the activities of Operation Compass. Operation Compass is an anti-egg collecting initiative run by Norfolk Police and the RSPB. The success of the operation lies in the quick dissemination of intelligence reports around a network of key partner organisations and nature reserves. The network is supported by Wildlife Crime Officers from Norfolk, Lincolnshire and Suffolk police forces. In the past, egg collectors would visit East Anglia for several consecutive days and target a number of nature reserves. Operation Compass actively disrupts this offending pattern, with the details of suspicious or Avocet eggs are sought by collectors known egg collecting vehicles being distributed around the network in real time. With over one hundred subscribers, this represents a significant eyes and ears presence on the ground. Every major nature reserve from The Wash to the Suffolk Coast is involved, including multiple sites along the Norfolk Coast, Breckland and the Broads. Over the past 15 years several successful high profile prosecution cases have come from Operation Compass, all attracting considerable media interest. These include four men from Essex and another egg collector from Wales caught taking eggs on Blakeney Point, a captive wader enthusiast caught taking ringed plover eggs near Scolt Head to be hatched in captivity, and the seizure of more than 3,000 eggs from a collector living in a caravan park in Norwich. The latter case attracted national media coverage, with the collector receiving a five month jail sentence, after relentlessly targeting nightjar and nightingale nests in particular. Operation Compass goes from strength to strength and the partnership is indebted to the past and present organisation of the operation by police officers Alan Roberts, Jerry Simpson, Jon Hopes, Jason Pegden, Nigel Lound, Nick Willey and Rebecca O Neil, as well as all the reserve wardens of the supporting organisations. Chris Gomersall (rspb-images.com) 24 25

15 4 Trade in wild birds and taxidermy Case studies Third conviction for taxidermist In 2011, there were 107 reported incidents involving the taking, sale and possession of live and dead birds ( average of 125 incidents). As with previous years, the majority of 2011 incidents were cases of taking, selling and possessing live non-birds of prey (mostly finches) accounting for 69 incidents. There were 26 incidents involving birds of prey and 12 incidents of illegal taxidermy. John Bridges (rspb-images.com) A taxidermist from Rowelton, near Carlisle, received a surprisingly light sentence after his third conviction for taxidermy offences. Gary McPhail pleaded guilty at Carlisle Court in January 2012 to a suite of possession and trade offences involving protected species. His punishment was a 12-month conditional discharge and 85 costs. The enquiry came to light in August 2011 following the sale of a porpoise skull on ebay to a person in Germany. Enquiries identified McPhail as the seller, his history showing that over a 16 month period he had offered for sale almost 200 animal related items, ranging from taxidermy specimens to wild bird skulls. On 23 August, Cumbria officers, along with an NWCU and an AHVLA Wildlife Inspector, executed a search warrant at McPhail s home address, where they discovered the vertebra of a porpoise along with four otter skulls and various bird specimens. During interview, McPhail admitted knowledge of the wildlife trade regulations and that he did not have the relevant certificate in relation to the porpoise. He could not produce any records of acquisition for any of the species he had sold or to having any European Protected Species licences (EPS) to possess the otter skulls. He also admitted selling parts of a gannet and razorbill on ebay. Skulls found at McPhail s address Cumbria Police The majority of incidents of taking and selling wild birds involve finches like the bullfinch. Most cases involving these species are prosecuted by the RSPCA 26 27

16 5 Prosecutions in 2011 Case studies First prosecution for using lead shot to kill a bird. The RSPB maintains a record of prosecutions involving offences against wild birds. In 2011, the RSPB was involved with, or informed of, the prosecutions of 42 individuals, including prosecutions taken by the Crown Prosecution Service, Procurator Fiscal and the RSPCA. All of these individuals were convicted on one or more charges (one case involved an acquittal on all the wildlife related charges and one case was later overturned on appeal). The 42 prosecutions involved at least 152 charges;124 of these were under the Wildlife and Countryside Act 1981, 12 under the Food and Environment Protection Act 1985 and five under the Control of Trade in Endangered Species (Enforcement) Regulations Amongst other charges was one believed to be the first conviction under The Environmental Protection (Restriction on Use of Lead Shot) (England) Regulations Of these charges, 137 resulted in a guilty outcome (90%). Fines for the year totalled 37,690 and four people were awarded custodial sentences (one of which was suspended). Crimes against sparrowhawks resulted in the convictions of a gamekeeper and a pigeon fancier in Steve Round (rspb-images.com) Mute swan shot by Quince. It is illegal to shoot ducks, geese, swans, coots, moorhens, golden plovers and snipe using lead shot in England and Wales. On 16 May 2011, Simon Quince of Hemingfield, Barnsley, pleaded guilty at Harrogate Court to two charges relating to the shooting of a swan. He was fined 445 for causing criminal damage to a swan and a further 100 for the use of lead shot, contrary to the Environmental Protection Regulations He was also ordered to pay 100 costs. Quince claimed he had shot the bird after mistaking it for a goose (which would still have been illegal under the English lead shot regulations). After seeing four birds in the sky during a shoot, he discharged both barrels of his shotgun, causing one bird to fall to the ground. He then realised he had mistakenly shot a juvenile mute swan, which is fully protected. The severely injured bird was taken to a vet, but had to be put down. The Environmental Protection (Restriction on Use of Lead Shot) (England) Regulations 1999 banned the shooting of swans, ducks, geese and certain other birds with lead shot. The use of lead shot over many wetlands was also banned. Similar regulations have since been introduced across the UK. The aim was to prevent birds ingesting stray shot with the grit they swallow to aid digestion. In the UK, tens of thousands of birds are estimated to be poisoned by lead every year. Despite this, the regulations are still being flouted. This conviction reinforces the conclusions of a recent report to Government stating that 70% of a sample of ducks on sale in England were shot illegally with lead. Recent evidence suggests ingestion of unretrieved or injured gamebirds shot with lead ammunition can cause lead poisoning in terrestrial habitat and for scavengers, such as birds of prey. There is some worrying evidence showing that these lead fragments are not always removed by the standard butchering process and can potentially contaminate the human food chain. The Government has set up a Lead Ammunition Group to consider a proportionate response to this new evidence. Visit co.uk for more information. N.Yorks Police 28 29

17 Peak District gamekeeper loses appeal against conviction for operating a bird of prey trap After almost two years, the case against Peak District gamekeeper Glenn Brown is finally over. In May 2010, Brown was filmed by the RSPB attending a cage trap baited with a live white pigeon on National Trust land in the Derwent Valley, South Yorkshire. This is the same valley where another gamekeeper was convicted of destroying an active goshawk nest in 2001 and birds of prey, including goshawks and peregrines, have suffered catastrophic declines. Brown was found guilty of seven offences at Chesterfield Court in June 2011, after trapping a sparrowhawk and using a baited cage trap. He received a 100-hour unpaid work order and was ordered to pay 10,000 costs. Guy Shorrock (RSPB) Guy Shorrock (RSPB) Dead sparrowhawk on Howden Moor. This bird had been illegally caught in Brown s cage trap. Cage trap on Howden Moor containing a live white pigeon. Brown s legal team then launched an appeal, which resulted in a full 14-day retrial at Derby Crown Court, concluding on 24 January The appeal produced no new evidence and consisted largely of a prolonged and blistering attack on the integrity of the RSPB investigators. The appeal against all seven charges was dismissed and Brown was ordered to pay an additional 7,000 costs. Some estimates put the combined cost of the defence trial and appeal in excess of 100,000. In delivering her verdict, Judge Watson condemned Brown and found RSPB officers to be reliable, experienced and credible. After the appeal verdict, Brown was dismissed by his employer Geoff Eyre, an award-winning expert at heather moorland restoration

18 Goshawk keeper makes a bad situation worse Photographers disturb rare eagles A goshawk keeper repeatedly ignored requests by Animal Health to register the goshawks he kept and when he did finally apply, he lied in his application. On 13 November 2011, Ryan Howells, 31, of Rhondda Cynon Taff, South Wales, pleaded guilty at Rhondda Court to two offences of failing to register a goshawk, and a further offence of furnishing false information in order to obtain registration for a Schedule 4 bird. He was fined 200 plus 85 costs and a 15 victim surcharge. A search of Howells s home by South Wales Police and an Animal Health Wildlife Inspector discovered two goshawks. Although both birds were fitted with leg rings, neither bird had been registered with Animal Health as is required of a species listed in Schedule 4 of the Wildlife and Countryside Act Later, Animal Health received a request from Howells to register the bird. The application stated that the bird was still being kept at his home address in South Wales. However, Devon and Cornwall Police had already established that the bird was by then being housed in the Taunton area of Devon. Action was taken against Howells due to a history of failing to register Schedule 4 birds despite repeated contact being made with him by Animal Health. The RSPB is concerned that the number of Schedule 4 species required to be registered in captivity has been reduced over the years, making it increasingly difficult for the enforcement agencies to detect and investigate crimes involving rare birds for which a black market exists. Two photographers who disturbed nesting white-tailed eagles on the Isle of Mull were convicted of the offences in November 2011 at Oban Sheriff s Court. Yuli Panayotov, from Lambeth, London, and Ivaylo Takev, from Norwich, were charged with recklessly disturbing breeding birds of prey near the nest in May They were fined a total of 1,100. Several witnesses had seen the adult birds circling over their nest and alarm-calling. White-tailed eagles are particularly sensitive to nest disturbance. Strathclyde Police later discovered a photography hide near the nest. White-tailed eagles were reintroduced to Scotland, after becoming extinct in the UK early in the 20th century. Eagles, a significant tourist attraction, bring 5 million to the local economy every year. This species has the highest level of protection of any British bird, due to its rarity and sensitivity to disturbance, particularly during the breeding season. It is illegal to disturb, intentionally or recklessly, a white-tailed eagle at or near the nest without a Schedule 1 licence from Scottish Natural Heritage. Dave Sexton, RSPB Scotland s Mull Officer, added, Mull s economy depends to a large extent on wildlife tourism and we welcome thousands of responsible, law-abiding visitors who respect and enjoy the wildlife they ve come to see. But unacceptable behaviour from people who think they are above the law and choose to disturb protected wildlife such as the eagles will not be tolerated wildlife photographers in particular need to take note. An attempt by the two Bulgarians to lodge an appeal against their conviction was later declared devoid of any substantial merit by an appeal court judge. One of the unregistered goshawks AHVLA White-tailed eagles are a significant tourist attraction on Mull. White-tailed eagle by Stig Frode Olsen 32 33

19 Gamekeeper loses his case and his trapping licence 6 Crime (PAW) Review of 2011 Partnership for Action Against Wildlife An Aberdeenshire gamekeeper who admitted using a live decoy pigeon in a cage trap failed to get his sentence reduced so that he could operate traps again as a gamekeeper. In September 2010, an RSPB officer found an unset cage trap containing a live pigeon on the Aswanley Estate near Huntly. The trap was near a partridge pen. The use of pigeons in traps such as these poses a threat to goshawks, sparrowhawks, buzzards and other protected species. When the trap was discovered, a live buzzard was sitting on top. A local gamekeeper, Craig Barrie, admitted that he was responsible for operating the trap. on the Aswanley Estate following his conviction. However, the position had been kept open for him in the hope that the sentence would be reduced to an admonishment or an absolute discharge. The defence claimed that the consequence of a fine would be that Barrie would be rendered unemployable as a gamekeeper, because, unless you have a licence, you are no use to an estate. Open general licences are issued by Scottish Natural Heritage (SNH). They cannot be used by anyone convicted under the Wildlife and Countryside Act since January 2008, unless the offender received an admonishment or an absolute discharge. The individual ban continues until the conviction is spent under the terms of the Rehabilitation of Offenders Act Lords Hardie and Wheatley rejected the appeal, saying that Barrie must have been aware that it was a breach of his licence to have a live pigeon in a Larsen trap as a decoy for some other species. If he did not know that, it is astonishing, given his 14 years as a gamekeeper, and his father a gamekeeper before him. Partnership for Action Against Wildlife Crime (PAW) In October 2011, 110 delegates attended the 23rd annual Wildlife Enforcers Conference in Harrogate, North Yorkshire. The WWF-sponsored Wildlife Enforcer of the Year award was presented to WCO PC John Shaw of Cumbria Constabulary. A Lifetime Achievement Award was also presented to Charles Mackay of the UK Border Agency (UKBA), recognising a career-long dedication to CITES enforcement. G Shorrock (RSPB) On 28 October 2011, at Aberdeen Sherriff Court, Barrie pleaded guilty to possession and control of the live pigeon in the trap. The Crown accepted a plea of not guilty to a charge of using the trap to catch a buzzard. Barrie was fined 520. The conviction prevented Barrie from operating under the open general licences, which permit the control of certain species such as corvids. A live buzzard sitting on top of one of Barrie s traps. RSPB Scotland G Shorrock (RSPB) Charles McKay from UKBA receiving his lifetime achievement award WCO PC John Shaw, Wildlife Enforcer of the Year, receives his award from WWF s Heather Sohl. On 1 February Barrie appealed his conviction, and at the High Court of the Justiciary in Edinburgh The court heard that Barrie had resigned from his job 34 35

20 Legal issues Forensic update Amendments relating to possession of birds eggs ruled unlawful A recent High Court ruling has established that 2004 changes to the Wildlife and Countryside Act 1981 (WCA) in England and Wales relating to the possession of birds eggs were not properly consulted on, and were therefore introduced unlawfully. The Protection of Birds Act 1954 brought in protection for birds and their eggs. The WCA made it illegal to possess wild birds killed or taken unlawfully since But as far as eggs were concerned, it only covered those taken unlawfully since the WCA came into force (September 1982). Claiming that eggs were taken prior to the WCA has been a commonly-used defence by modern-day egg collectors. Statutory Instrument 2004 No was used to amend the WCA definition of wild bird to ensure compliance with the EU s Birds Directive. It also closed a loophole relating to the possession of birds eggs and treated them the same as the birds that laid them, so that possession of any eggs taken since 1954 became unlawful. In September 2009, an egg collector called John Dodsworth was convicted of possession of birds eggs believed to have been taken between 1954 and Solicitors on behalf of Dodsworth applied to take the matter to Judicial Review on the grounds that there was insufficient consultation by Government on the changes to the defence of possession of the eggs leading up to the 2004 amendment. Defra conceded this point and on 12 March 2012 a Consent Order was issued by the High Court ruling that this change to the defence was made unlawfully. The conviction of Dodsworth was also quashed. Defra has announced its intention to consult again on this matter and the RSPB hopes this loophole can be permanently closed. A similar amendment in Scotland was brought in through a different consultation process and remains in force. Forensics Working Group Forensic Analysis Fund The Forensic Analysis Fund is an initiative driven by the Partnership for Action against Wildlife Crime (PAW) Forensics Working Group. It was launched in 2008, and the fund is available to Police and Customs officers who require financial support to use forensic analysis in wildlife crime investigations. Four agencies, TRACE, WWF, RSPB and Defra, have all contributed money to the scheme. The money can be used to match up to 50% of the forensics costs of a wildlife crime investigation. To date, money has been provided from the fund in relation to more than 20 applications. This has supported a range of methods including: - Radiocarbon dating to age elephant ivory and ocelot skin Identification of rhino horn down to species and individual level Handwriting analysis to investigate fraudulent data cards for birds eggs DNA profiling to check captive breeding claims for goshawks Veterinary and professional examinations of taxidermy specimens to provide information on provenance and cause of death. Analysis of computer records. More information about the use and funding of forensic techniques for tackling wildlife crime has been compiled and published by the PAW Forensic Working Group (FWG). This includes a list of successful prosecutions where forensic analysis has been used in the last 15 years. There is a summary of the types of forensic tests currently available and details of organisations that carry out these tests. The online resource includes the PAW Wildlife Crime Forensic Guide 2005; details of the wildlife DNA sampling kit; a list of approved vets for wildlife crime casework; and contact details for FWG members. This information can now be viewed on the Tools and Resources for Applied Conservation and Enforcement (TRACE) website pawforensics The High Court has ruled that the legislation making possession of wild birds eggs taken between 1954 and 1982 an offence is unlawful. Defra intend to re-consult on this matter. Guy Shorrock (RSPB) SASA TRACE is an international NGO that promotes the use of forensic science in conservation and the investigation of wildlife crime. Swabbing a hare to collect forensic evidence

21 RSPB International Update Cyprus conference tackles illegal bird killing Enforcement action in Bulgaria An ongoing EU-Life project run by the Bulgarian Society for the Protection of Birds (BSPB), assisted by the RSPB, seeks to improve the conservation status of threatened birds such as saker falcons and imperial eagles. Part of the project involves trying to improve the ability of the Bulgarian statutory agencies to tackle wildlife crime. The RSPB Investigations Section has been assisting with this process. In 2010, three Bulgarian officials visited the UK Wildlife Crime Conference to see at first hand the range of work being undertaken. In 2010, Brian Stuart, former head of the NWCU, attended an enforcement workshop in Sofia. This was followed in September 2011 by a presentation by Alan Roberts, an Investigative Support Officer with the NWCU, at a CITES enforcement conference near Varna, Bulgaria. The presentation outlined the wildlife crime enforcement work in the UK and the role of statutory and non governmental agencies, Partnership for Action Against Wildlife Crime (PAW) and the use of the National Intelligence Model (NIM). Coincidentally, during the period of the project, information came to light alleging a UK national was egg collecting in Bulgaria. Intelligence was passed to the Bulgarian authorities by the NWCU. However, there was little sign of any action and RSPB Investigations continued to work with the BSPB and the Bulgarian Police. Eventually in December 2011, an RSPB Investigatons Officer travelled to Bulgaria to assist the police with a raid on the apartment of a UK national living in Burgas. A small number of birds eggs was seized, including the egg of a griffon vulture, a very rare species in Bulgaria with approximately 50 breeding pairs. Also seized were detailed journals, photographs and climbing equipment. The seizure received widespread coverage in the Bulgarian media and investigations are continuing. In July, Cyprus hosted delegates from across Europe to discuss ongoing problems with illegal killing and trapping of birds across the continent. The meeting, which was attended by a wide range of conservationists, hunting representatives and enforcement experts, agreed a series of recommendations, which we hope will help address illegal bird killing across Europe, from persecution of birds of prey in the UK, to trapping of migrants on Mediterranean islands such as Cyprus and Malta. The conference was also addressed by the Cypriot Minister of the Interior, who promised that Cyprus would stamp out illegal trapping of migrants on the island by the end of A turtle dove with an injury to its neck from an illegally set mist net Guy Shorrock (RSPB) The egg of a griffon vulture was one of those seized from a UK national in Bulgaria in Guy Shorrock (RSPB) The promises made at the July conference were swiftly followed by the stern reality test of the autumn trapping season. Autumn is the worst time for trapping in Cyprus, and autumn 2011 was no exception. A BirdLife field survey team located some 3 km of active mist net rides during September and October On the plus side, and following the Interior Minister s conference vow to stamp out trapping, there was a 40% reduction in mist net use in areas controlled by the Republic. But overall, trapping levels remained at a 10-year high, with the British Sovereign Base (SBA) areas a real hotbed of mist net use, and levels of limestick use very high in Republic areas, in keeping with the alarming pattern recorded since Although there were some efforts to tackle the sale of ambelopoulia in restaurants, these remained sporadic. A positive note was the November imposition of a 10,000 court fine for a restaurateur convicted of possession of trapped birds. With the completion of the winter 2011/12 field monitoring season, BirdLife Cyprus estimated the total bird death toll for 2011 to be in the region of 2.8 million birds. Clearly, there is much work still to do if the positive noises made during the Larnaca conference are to be turned into effective conservation action. In more positive news, the declaration made at the conference led to the Convention on Migratory Species (CMS) adopting a new resolution to tackle poisoning of wildlife across the globe. The process established by this resolution is recognition that poisoning, both illegal and accidental, is a significant problem of global conservation concern, which requires a global effort to tackle it

22 7 Appendices Appendix I Incidents reported to the RSPB The table below shows the number of incidents reported to the RSPB for each year for the categories specified. In 2009, the RSPB ceased recording certain categories of incidents, such as the shooting and destruction of non bird of prey species. The figures supplied do not therefore give a total figure for wild bird crime in the UK and are not comparable with figures provided for years prior to Incident type Shooting and destruction of birds of prey Theft, sale and possession of birds of prey Poisoning and use of poisoned baits Import and export of live or dead birds Theft, sale and possession of non bird of prey species Taxidermy and possession of dead wild birds Egg collecting and egg thefts Sale of eggs Photography and disturbance Total UK breakdown for above incident types in 2011: England 308 Scotland 94 Wales 23 Northern Ireland 25 UK unspecified 11 Total no. UK incidents recorded by the RSPB in 2010: 461 Note: Reported incident totals for previous years may have changed due to a number of belated reports or additional information received after the publishing date for Birdcrime of that year

23 Appendix II Regional breakdown of incidents reported in 2011 Region County Birds of prey or owls Other * Total Eastern England Bedfordshire Cambridgeshire Essex Hertfordshire Lincolnshire Norfolk Suffolk Total Central England Buckinghamshire Derbyshire Herefordshire Leicestershire Northamptonshire Nottinghamshire Oxfordshire Shropshire Staffordshire Warwickshire West Midlands Worcestershire Unspecified Total Region County Birds of prey or owls Other * Total South East England Brighton and Hove East Sussex Greater London Hampshire Isle of Wight Kent Portsmouth City Surrey West Berkshire West Sussex Windsor and Maidenhead Total South West England Bristol City Bath and North East Somerset Cornwall Devon Dorset Gloucestershire Somerset Wiltshire Unspecified Total Northern England Cheshire County Durham Cumbria East Riding of Yorkshire Greater Manchester Lancashire Merseyside North Lincolnshire North Yorkshire Northumberland South Yorkshire Tyne and Wear West Yorkshire York city Unspecified Total Northern Ireland Antrim Armagh Down Fermanagh Londonderry Tyrone Total East Scotland Aberdeenshire Angus Fife Perth and Kinross Total North Scotland Highland Orkney Shetland Western Isles Total

24 Appendix II Regional breakdown of incidents reported in 2011 Appendix III Confirmed and probable bird of prey and owl persecution during 2011 Region County Birds of prey or owls Other* Total Note: Incidents where the location was only given as England, Northern Ireland, Scotland, Wales or United Kingdom are not included. The regional breakdown in Appendix II includes all incidents reported to the RSPB. Figures of reported incidents in Appendix I are for the specified categories only; therefore Appendix I and II figures will not correlate. *In 2009, the RSPB ceased recording certain categories of incidents, such as the shooting and destruction of non bird of prey species. The figures supplied for each region in the other column do not therefore give a total figure for non bird of prey incidents and are not comparable with figures provided for years prior to South & West Scotland Argyll and Bute Dumfries and Galloway East Ayrshire East Renfrewshire East Dunbartonshire Edinburgh City Midlothian North Ayrshire North Lanarkshire Scottish Borders South Ayrshire South Lanarkshire West Lothian Total Wales Carmarthenshire Ceredigion Conwy Denbighshire Gwynedd Isle of Anglesey Merthyr Tydfil Monmouthshire Newport Pembrokeshire Powys Rhondda Cynon Taff Torfaen Vale of Glamorgan Wrexham Total Persecution type Month Species Confirmed Probable County SHOOTING January Buzzard 0 1 Highland February Eagle owl 1 0 Gloucestershire Peregrine 1 0 Lincolnshire March Barn owl 1 0 Shropshire Birds of prey 0? North Ayrshire Buzzard 1 0 Hampshire Buzzard 1 0 Norfolk Buzzard 1 0 Windsor & Maidenhead Peregrine 0 1 Essex Red kite 0 2 North Ayrshire Short-eared owl 0? North Yorkshire Sparrowhawk 1 0 Warwickshire April Birds of prey 0? Derbyshire Buzzard 1 0 Perth and Kinross Red kite 1 0 Cumbria Sparrowhawk 0 1 Derbyshire Tawny owl 1 0 Cumbria May Buzzard 1 0 Hertfordshire Buzzard 1 0 Isle of Anglesey Buzzard 0 1 Dorset Peregrine 1 0 Aberdeenshire Short-eared owl 1 0 Aberdeenshire Tawny owl 0 1 Lincolnshire June Barn owl 0? Dorset Kestrel 1 0 North Yorkshire Red kite 1 0 Buckinghamshire Tawny owl 0 1 Hertfordshire July Barn owl 0 1 East Sussex Goshawk 2 0 Midlothian August Birds of prey 0? Shropshire Buzzard 0? Shropshire Buzzard 0 1 Kent Goshawk 0? Shropshire Marsh harrier 1 0 County Durham Peregrine 1 0 Cornwall Peregrine 1 0 Scotland September Barn owl 0 1 Northamptonshire Marsh harrier 0 1 North Yorkshire Tawny owl 0 1 Dorset October Buzzard 1 0 North Yorkshire 45

25 Appendix III Confirmed and probable bird of prey and owl persecution during 2011 Persecution type Month Species Confirmed Probable County Short-eared owl 1 0 Essex Sparrowhawk 0 1 Dorset Sparrowhawk 0 1 Greater Manchester November Barn owl 1 0 Suffolk Barn owl 1 0 County Durham Barn owl 1 0 Cambridgeshire Buzzard 1 0 Isle of Wight Goshawk 1 0 Wiltshire December Barn owl 0 1 Buckinghamshire Buzzard 1 0 South Lanarkshire Unspecified Buzzard 1 0 South Yorkshire Unspecified Short-eared owl 0? Scottish Borders Number of birds NEST DESTRUCTION April Peregrine 0? Scottish Borders May Barn owl 1+ 0 Gwynedd Hen harrier 0? Highland Hen harrier 0? Highland Hen harrier 0? East Ayrshire June Goshawk 0? Wiltshire July Peregrine 0 2 West Yorkshire Number of birds 1+ 2 ILLEGAL SPRING May Tawny owl 0 1 Lancashire TRAPPING Buzzard? 0 Dorset Tawny owl 1 0 Norfolk June Birds of prey? 0 Nottinghamshire August Birds of prey 0? Devon Owls 0? Devon Number of birds 1 1 Persecution type Month Species Confirmed Probable County OTHER January Buzzard 0 1 South Lanarkshire March Buzzard 0 2 South Lanarkshire Buzzard 0 2 South Lanarkshire Buzzard 0 1 South Lanarkshire Hen harrier 0? Dumfries and Galloway Peregrine 0 2 Dumfries and Galloway Peregrine 0? Lancashire Peregrine 0? South Lanarkshire Tawny owl 0 1 South Lanarkshire April Hen harrier 0 1 South Lanarkshire Hen harrier 0? Lancashire Hen harrier 0 2 Lancashire Peregrine? 0 Fife Peregrine 1 0 Fife Peregrine 0 2 Dumfries and Galloway Peregrine 0? Dumfries and Galloway Peregrine 0? Lancashire Peregrine 0? Lancashire Peregrine 0? Lancashire Peregrine 0? Lancashire May Birds of prey 0 1 East Ayrshire Red kite 0 1 Highland June Kestrel 1 0 Highland July Peregrine 0 2 West Yorkshire Birds of prey? 0 Powys August Red kite 0 1 Highland September Golden eagle 0 1 Aberdeenshire November Golden eagle 0 1 Highland December Peregrine? 0 Merseyside Number of birds 2 21 ILLEGAL TRAPPING February Buzzard 1 0 Perth and Kinross (OTHER) Buzzard 1 0 Perth and Kinross Sparrowhawk 1 0 Perth and Kinross March Birds of prey? 0 South Lanarkshire Buzzard 3 0 Perth and Kinross May Peregrine 1 0 Torfaen June Birds of prey 0? Antrim Kestrel 1 0 Angus Number of birds 8 0 For definitions of the categories confirmed and probable please see page 10.? no bird found, but the most likely/known target is listed

26 Appendix IV Confirmed poison abuse incidents during 2011 Month Victim Number Poison County Bait January Buzzard 1 Carbofuran Scottish Borders - January Red kite 1 Bendiocarb Cumbria - January Fox 2 Aldicarb North Yorkshire - January Cat 1 Carbofuran Northern Ireland - February Red kite 1 Alphachloralose Highland - February Peregrine 2 Strychnine North Lanarkshire - February Cat 1 Coumarin/Coumatetralyl Tyrone - March Buzzard 1 Alphachloralose Hampshire - March Golden eagle 1 Carbofuran Aberdeenshire - March Red kite 1 Carbofuran Somerset - March B Bendiocarb West Yorkshire Hen/chicken bait March Buzzard 1 Carbofuran Devon - March Goshawk 2 Carbofuran Devon - March Buzzard 2 Alphachloralose Perth and Kinross Pheasant bait x 2 March Goshawk 2 Carbofuran Devon - March Buzzard 1 Carbofuran Antrim - March Buzzard 1 Bendiocarb Monmouthshire - March Red kite 1 Fenthion Pembrokeshire - March Cat 3 Aldicarb Lincolnshire - March B Aldicarb & Bendiocarb Suffolk Pigeon bait April Buzzard 1 Aldicarb/Carbofuran Highland - April Carrion crow 1 Alphachloralose Perth and Kinross - April B Carbofuran Tyrone Pigeon bait April Peregrine 1 Diazinon/Dimpylate Shropshire - April Red kite 1 Carbofuran Down - April Carrion crow 1 Alphachloralose Perth and Kinross - April B Metaldehyde Greater London Sausages May Red kite 1 Carbofuran Highland - May Dog 3+ Strychnine North Yorkshire - May Red kite 1 Bendiocarb Gloucestershire - May Raven 1 Carbofuran Dumfries and Galloway - May Buzzard 1 Carbofuran Aberdeenshire - June Red kite 1 Aldicarb Cambridgeshire - June Red kite 2 Fenthion Carmarthenshire - July Peregrine 2 Carbofuran Cornwall - July Peregrine 1 Aldicarb Devon - July Buzzard 1 Carbofuran Monmouthshire July Raven 2 Carbofuran Monmouthshire July B Bendiocarb Monmouthshire 2 x pigeon bait July Red kite 1 Carbofuran Dumfries and Galloway - July Cat 1 Carbofuran Antrim Sausages August B Aldicarb Highland Grouse bait August Magpie 1 Alphachloralose Armagh - August Red kite 1 Carbofuran East Aryshire - September Peregrine 1 Aldicarb Lincolnshire Pigeon bait September Buzzard 2 Carbofuran Lincolnshire Pheasant bait September Red kite 2 Carbosulfan/Benfuracarb Cambridgeshire - September Buzzard 1 Carbosulfan/Isofenphos/ North Yorkshire - Alphachloralose September Buzzard 2 Carbofuran Midlothian - September Sparrowhawk 2 Carbofuran Midlothian - September Raven 1 Bendiocarb Scottish Borders - October Buzzard 2 Aldicarb Staffordshire - October Hedgehog 1 Aldicarb Staffordshire - Month Victim Number Poison County Bait November Magpie 1 Bendiocarb Buckinghamshire - November Red kite 1 Bendiocarb Buckinghamshire - November Rook 1 Bendiocarb Buckinghamshire - November Red kite 1 Alphachloralose North Yorkshire - November Dog 1 Aldicarb County Durham - December Red kite 1 Carbofuran Hertfordshire - Number of victims 70 Items grouped by shading refer to one incident involving more than one species. B indicates that a bait, but no victim, was found

27 Appendix V Schedule I nest robberies during 2011 Prosecutions in 2011 Confirmed Species No. of nests Nest content County Avocet 3 Eggs Essex Total 3 Probable Species No. of nests Nest content County Peregrine 1 Chicks South Ayrshire Peregrine 1 Chicks Lancashire Peregrine 1 Chicks Lancashire Peregrine 1 Chicks Lancashire Peregrine 1 Eggs South Ayrshire Slavonian grebe 1 Eggs Highland Total 6 For definitions of categories please see page

28 Appendix VI Wild bird related prosecutions in 2011 Penalty type 2 Penalty 2 Details 8(1) 2 CPS Hexham Pyle G G Fine 500 Defendant (falconer) pleaded guilty to illegally purchasing two goshawks. Ordered to pay 120 costs and forfeit both goshawks. Date Act Section Charges Prosecutor Court Surname Plea Outcome Penalty type Penalty 06-Jan-11 Control of trade in Endangered Species (enforcement) Reg Jan-11 Wildlife and Countryside Act (2) 1 RSPCA Darlington Dugdale NG G CD 1 year Defendant found guilty of possessing glue sticks and traps to take finches. Ordered to pay 100 costs. 19-Jan-11 Wildlife and Countryside Act (2)(a) 1 RSPCA Worcester 19-Jan-11 Wildlife and Countryside Act (2) 1 RSPCA Worcester Davies G G CD Davies G G CD 1 year 02-Feb-11 Wildlife and Countryside Act (2)(a) 5 RSPCA Aberystwyth Harty NG G CO 225 hours unpaid work Defendant pleaded guilty to illegally possessing five goldfinches and a cage trap capable of taking wild birds. Defendant found guilty of possessing wild birds including ravens, other corvids and a woodpecker. Also convicted of a number of animal welfare offences. Ordered to pay 13, in costs. 24-Feb-11 Wildlife and Countryside Act (2)(a) 13 RSPCA King s Lynn 24-Feb-11 Wildlife and Countryside Act (1)(a) 1 RSPCA King s Lynn Easter NG G Fine 9,750 Easter NG G Fine 750 Defendant (aviculturist) pleaded guilty to possessing number of wild birds including red-backed shrikes, nightingales, skylarks, wagtails, nuthatches, stonechats, goldfinches and spotted flycatchers. Also possession for sale of two garden warblers. Ordered to pay 10,000 costs 24-Feb-11 Wildlife and Countryside Act (2)(a) 1 CPS Wirral Bowen G G Jail 22 weeks (concurrent) 24-Feb-11 Wildlife and Countryside Act (1)(a) 2 CPS Wirral Bowen G G Jail 25-Feb-11 Wildlife and Countryside Act (1)(a) 1 CPS Liverpool White G G Jail 10 weeks Defendant pleaded guilty to offence of killing a juvenile herring gull by kicking and stamping on it. 28-Feb-11 Wildlife and Countryside Act (2)(a) 1 RSPCA Teesside Bright G G CD 2 years CO Defendant pleaded guilty to finch trapping offences and illegal possession of two bullfinches and a brambling. Ordered to pay 3,657 costs. 18-Apr-11 Wildlife and Countryside Act (2)(a) 7 RSPCA Harlow Smithson S G G Fine 2,400 Defendant pleaded guilty to possession and sales offences relating to wild birds. Eleven species involved included crossbills, hawfinches and a serin. Ordered to pay 5, costs. 18-Apr-11 Wildlife and Countryside Act (1)(a) 9 RSPCA Harlow Smithson S G G Fine 18-Apr-11 Wildlife and Countryside Act (1)(a) 1 RSPCA Harlow Smithson S G G Fine 18-Apr-11 Wildlife and Countryside Act (2)(a) 7 RSPCA Harlow Smithson B G G Fine 2,400 Defendant pleaded guilty to possession and sales offences relating to wild birds. Eleven species involved included crossbills, hawfinches and a serin. 18-Apr-11 Wildlife and Countryside Act (1)(a) 9 RSPCA Harlow Smithson B G G Fine Ordered to pay 4,000 costs. 18-Apr-11 Wildlife and Countryside Act (1)(a) 1 RSPCA Harlow Smithson B G G Fine 52 53

29 Appendix VI Wild bird related prosecutions in 2011 Date Act Section Charges Prosecutor Court Surname Plea Outcome Penalty type Penalty Penalty type 2 Penalty 2 Details 21-Apr-11 Wildlife and Countryside Act (1)(b) 1 CPS Market Harborough Crane IP G G Fine 500 Defendant (part-time gamekeeper) pleaded guilty to using a pole-trap at a pheasant release pen and offences relating to unapproved and unsafe storage of pesticides. Ordered to pay 80 costs. 21-Apr-11 Wildlife and Countryside Act (2) 1 CPS Market Harborough 21-Apr-11 Food and Environment Protection Act (12)(a) 2 CPS Market Harborough 21-Apr-11 Wildlife and Countryside Act (1)(b) 1 CPS Market Harborough 21-Apr-11 Wildlife and Countryside Act (2) 1 CPS Market Harborough 16-May-11 The Environmental Protection (Restriction on Use of Lead Shot) (England) Regulations (c) 1 CPS Harrogate 16-May-11 Criminal Damage Act (1)(a) 1 CPS Harrogate Crane IP G G Fine 500 Crane IP G G Fine 2,000 Crane IM U D Fine Crane IM G G Fine 500 Quince G G Fine 100 Quince G G Fine 445 Defendant (part-time gamekeeper) pleaded guilty to possessing item (pole-trap) capable of being used to commit an offence. Ordered to pay 80 costs. Defendant pleaded guilty to two charges relating to shooting a swan during a pheasant shoot. Ordered to pay 100 costs. Believed to be first conviction under the lead shot regulations. Ordered to pay 100 costs. 26-May-11 Wildlife and Countryside Act (a) 1 Fiscal Inverness Sheriff Barr G G Fine 3,300 Defendant (gamekeeper) pleaded guilty to possessing 10.5 kg of carbofuran. 26-May-11 Wildlife and Countryside Act (2)(a) 1 Fiscal Inverness Sheriff Rolfe G G Fine 1,500 Defendant (gamekeeper) pleaded guilty to possessing a dead red kite found in the back of his Land Rover. 26-May-11 Wildlife and Countryside Act (2)(b) 1 Fiscal Inverness Sheriff Grant NG NG Defendant (gamekeeper) pleaded not guilty to possessing a bucket of 56 black-headed gull eggs. Plea accepted following guilty plea by codefendant. 09-Jun-11 Wildlife and Countryside Act (1)(a) 1 RSPCA Derby Boswell G G CD Defendant pleaded guilty to finch trapping. Ordered to pay 875 costs. 09-Jun-11 Wildlife and Countryside Act (2)(a) 1 RSPCA Derby Boswell G G CD 1 year consecutively 09-Jun-11 Wildlife and Countryside Act (2) 1 RSPCA Derby Boswell G G CD 13-Jun-11 Wildlife and Countryside Act (1)(b) 1 CPS Chesterfield 13-Jun-11 Wildlife and Countryside Act (1)(a) 1 CPS Chesterfield 13-Jun-11 Wildlife and Countryside Act (2) 1 CPS Chesterfield 13-Jun-11 Animal Welfare Act (1) & 32(1) 13-Jun-11 Animal Welfare Act (1) & 32(2) 1 CPS Chesterfield 3 CPS Chesterfield Brown NG G CO 100 hours unpaid work Brown NG G CO conc Brown NG G CO Brown NG G CO Brown NG G CO Defendant (gamekeeper) convicted of seven charges. Three related to the illegal use of a cage trap using a live pigeon as bait and the taking of a sparrowhawk. The other four charges were animal welfare matters relating to the keeping of birds in the cage trap, involving a pigeon and pheasant and a carrion crow. Defendant was banned from keeping pigeons for five years and ordered to pay 10,000 costs. Subsequent appeal in Januray 2012 failed and defendant ordered to pay a further 7,000 costs

30 Appendix VI Wild bird related prosecutions in 2011 Date Act Section Charges Prosecutor Court Surname Plea Outcome Penalty type Penalty Penalty type 2 Penalty 2 Details 08-Jul-11 Wildlife and Countryside Act (2)(a) 1 CPS Scarborough Farrow G G Fine 200 Defendant pleaded guilty to possession of a goldfinch and also to using a trap to catch wild birds. Ordered to pay costs of Jul-11 Wildlife and Countryside Act (1)(b) 1 CPS Scarborough Farrow G G Fine Jul-11 Wildlife and Countryside Act (1)(a) 1 CPS Norwich Parker NG NCA Defendant (gamekeeper) pleaded guilty to single charge of possessing ammunition in excess of quantity authorised. Other 15-Jul-11 Wildlife and Countryside Act (2)(a) 1 CPS Norwich Parker NG NCA charges discontinued or no case to answer. 15-Jul-11 Wildlife and Countryside Act (2)(a ) 1 CPS Norwich Parker NG D 15-Jul-11 Firearms Act (1)(b) 1 CPS Norwich Parker G G CD 12 months 15-Jul-11 Firearms Act (1) 1 CPS Norwich Parker NG NCA 25-Jul-11 Wildlife and Countryside Act (2)(a) 1 RSPCA Derby Devine G G CD 6 months Defendant guilty of illegally possessing of goldfinch. Ordered to pay 500 costs. 10-Aug-11 Wildlife and Countryside Act (1)(a) 1 RSPCA Leamington Spa Pike G G Fine 205 Defendant (pigeon fancier) pleaded guilty to three charges relating to the shooting of a sparrowhawk with an air rifle. Ordered to pay 10-Aug-11 Wildlife and Countryside Act (1) 1 RSPCA Leamington Spa Pike G G Fine costs. 10-Aug-11 Wildlife and Countryside Act (1)(c) 1 RSPCA Leamington Spa Pike G G Fine Aug-11 Wildlife and Countryside Act (1)(c) 1 Fiscal Kirkcaldy Sheriff Peggy J G G Fine Aug-11 Wildlife and Countryside Act (1)(c) 1 Fiscal Kirkcaldy Sheriff Peggy G G G Fine 250 Defendants found guilty of taking 49 eider and four lesser blackbacked gull eggs. 11-Aug-11 Wildlife and Countryside Act (1)(c) 1 Fiscal Kirkcaldy Sheriff Adamson G G Fine Aug-11 Wildlife and Countryside Act (2)(a) 1 RSPCA Stafford Bath G G CD 1 year (concurrent) 12-Aug-11 Wildlife and Countryside Act (1)(b) 1 RSPCA Stafford Bath G G CD 1 year (concurrent) Defendant pleaded guilty to finch trapping offences including capturing and possessing equipment for trapping. Ordered to pay 610 costs. 12-Aug-11 Wildlife and Countryside Act (1) 1 RSPCA Stafford Bath G G CD 1 year (concurrent) 16-Sep-11 Wildlife and Countryside Act (2)(a) 1 RSPCA Northampton 16-Sep-11 Wildlife and Countryside Act (2)(a) 1 RSPCA Northampton 29-Sep-11 Wildlife and Countryside Act (2)(B) 2 CPS Burton upon Trent 29-Sep-11 Wildlife and Countryside Act (2) 1 CPS Burton upon Trent Krasquni G G Fine 230 Krasquni G G Fine 230 Edgley G G* CD 18 months (concurrent) Edgley NG D Defendant convicted re possession of a goldfinch and a related matter. Ordered to pay 500 costs. Defendant pleaded guilty to possession of 48 birds eggs. Ordered to pay 1,200 costs. *Later overturned on appeal 56 57

31 Appendix VI Wild bird related prosecutions in 2011 Date Act Section Charges Prosecutor Court Surname Plea Outcome Penalty type Penalty Penalty type 2 Penalty 2 Details 06-Oct-11 Wildlife and Countryside Act (2) 1 RSPCA Manchester Smith U D Defendant pleaded guilty to single charge of finch trapping. Ordered to pay 1,551 costs. 06-Oct-11 Wildlife and Countryside Act (2) (a) 1 RSPCA Manchester Smith G G CO Unpaid work 150 hours 10-Oct-11 Wildlife and Countryside Act (1)(a) 1 RSPCA Ipswich Doughty G G CD 2 years Defendant convicted in relation to a gull (species unknown). Ordered to pay 200 costs. 10-Oct-11 Wildlife and Countryside Act (1)(a) 1 RSPCA Ipswich Smith G G CD 1 year Defendant convicted in relation to a gull (species unknown). Ordered to pay 100 costs. 13-Oct-11 Wildlife and Countryside Act (1) 2 CPS Rhondda Howells G G Fine 100 Defendant (falconer) pleaded guilty to possession of a non-registered goshawk and fabricating false information for a goshawk registration application. Ordered to pay Oct-11 Wildlife and Countryside Act (a) 1 CPS Rhondda Howells G G Fine Oct-11 Wildlife and Countryside Act (1)(a) 1 RSPCA Sunderland Miller G G Jail 26 weeks suspended CO 100 hours unpaid work Defendant convicted in relation to a woodpigeon. 28-Oct Oct-11 Wildlife and Countryside Act 1981 Wildlife and Countryside Act (2)(a) 5(1)(b) 1 1 Fiscal Fiscal Aberdeen Sheriff Aberdeen Sheriff Barrie Barrie G U G D Fine Nov-11 Wildlife and Countryside Act (2)a 1 RSPCA Bristol Grievelle G G Fine 400 Defendant pleaded guilty to two welfare offences and possession of 23 birds including house sparrows, greenfinches, goldfinches and a 02-Nov-11 Animal Welfare Act (1) & 31(1) 2 RSPCA Bristol Grievelle G G Fine 800 Defendant pleaded guilty to possession of a pigeon which was present inside a set cage trap. blackcap. Banned from keeping birds for five years. Ordered to pay 500 costs. 24-Nov-11 Wildlife and Countryside Act (5)(a) 1 Fiscal Oban Sheriff Panayotov NG G Fine Nov-11 Wildlife and Countryside Act (5)(a) 1 Fiscal Oban Sheriff Takev NG G Fine Nov-11 Control of trade in Endangered Species (enforcement) Reg (1) 3 CPS Skipton Hurst G G Fine Dec-11 Wildlife and Countryside Act (2)(a) 3 RSPCA Highgate Yildiz-Coban G G 3 months (concurrent) 06-Dec-11 Wildlife and Countryside Act (1)(b) 1 RSPCA Highgate Yildiz-Coban G G CO 3 months (concurrent) 06-Dec Dec-11 Food and Environmental protection Act 1985 Food and Environmental protection Act (12)(a) 7 CPS Preston Crown Court Armistead G G Fine 7,000 16(12)(a) 3 CPS Preston Crown Court Armistead NG D CU CU Defendant found guilty of reckless disturbance while photographing white-tailed eagle with young in nest. Defendant found guilty of reckless disturbance while photographing white-tailed eagle with young in nest. Defendant (falconer) pleaded guilty to the prohibited sale of a goshawk and a saker falcon plus the unlawful purchase of a goshawk. Defendant pleaded guilty to three charges of possessing goldfinches and a single charge relating to a using a finch trap. Defendant (part-time gamekeeper) pleaded guilty to seven charges relating to the possession of a large quantity of banned pesticides (active ingredients sodium cyanide, aluminium phosphide, strychnine hydrochloride and mevinphos). Three firearms charges relating to holding three shotguns and Section 1 ammunition without certificates. Ordered to pay 2,315 costs

32 Appendix VI Wild bird related prosecutions in 2011 Date Act Section Charges Prosecutor Court Surname Plea Outcome Penalty type Penalty Penalty type 2 Penalty 2 Details 06-Dec-11 Firearms Act (1) 2 CPS Preston Crown Court Armistead G G CO 140 hours unpaid work (concurrent) (see above) 06-Dec-11 Firearms Act (1)(a) 1 CPS Preston Crown Court Armistead G C CO 140 hours unpaid work (concurrent) 13-Dec-11 Wildlife and Countryside Act (2)(b) 5 CPS Thames Gonshaw G G Jail 4 months (concurrent) 13-Dec-11 Wildlife and Countryside Act (1)(c) 3 CPS Thames Gonshaw G G Jail 4 months (concurrent) 13-Dec-11 Wildlife and Countryside Act (2) 2 CPS Thames Gonshaw G G Jail 2 months (consecutive) 22-Dec-11 Wildlife and Countryside Act (2)(b) 1 CPS Carlisle Hawman G G CU 5 weeks Defendant pleaded guilty to 10 charges. These related to the possession of 697 eggs (including 45 Schedule 1 eggs), the taking of 8 Schedule 1 clutches (two golden eagle, three osprey, three avocet) and possession of items capable of being used to take and possess birds eggs. This was the defendant s fourth custodial sentence for such offences. Defendant pleaded guilty to collection of six eggs with a five-week curfew imposed between 8 am and 6 pm. Eggs forfeited and destroyed. Key to Appendix VI CD CO CU D G NCA Conditional Discharge Community Order Curfew Order Discontinued Guilty No Case to Answer NG NP NSP TIC U Not Guilty Not Proven No Separate Penalty Taken Into Consideration Unknown 60 61

33 The RSPB speaks out for birds and wildlife, tackling the problems that threaten our environment. Nature is amazing help us keep it that way. Cover image: hen harrier by Michel Geven (Alamy) The RSPB is part of BirdLife International, the global partnership of bird conservation organisations. The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Wales no , Scotland no. SC