BIRDCRIME2008

Offences against wild birdlegislation in 2008

a million voices for nature

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Foreword

Over the years, the RSPB hascontinually supported thestatutory agencies in theirenforcement of legislation thatprotects wild birds. Theexperience of the RSPBInvestigations Section has madean invaluable contribution tomany criminal inquiries.

In addition to providing practicalassistance and expertise on theground, the RSPB has alsosought to highlight criminalitythrough its publications –including the annual Birdcrimeand Scottish Persecution reports,and the Legal Eagle newsletter.The endeavours of the RSPB inproducing statistical data andanalysis over the years havehelped raise the profile of thesecrimes, encouraging more robustenforcement and helping toidentify legislative weaknesses.

The UK Governments have allcommitted to the funding of theUK National Wildlife Crime Unit(NWCU), which was establishedin August 2006. The RSPB andother NGOs lobbied strongly insupport of the formation of theNWCU. This multi-agency police-led unit seeks to work inpartnership with interest groups,including the RSPB, to provide aholistic view of wildlife crimeacross the UK. The Partnershipfor Action against Wildlife Crime(PAW) brings together a diverserange of organisations. Strongprofessional relationships are

essential if we are to build uponthe progress that has alreadybeen achieved.

Recently, the NWCU, incollaboration with key partners,announced the UK priorities forLaw Enforcement for 2009/10.Raptor persecution is one of ourtop wildlife crime priorities. It isan issue of high conservationconcern, so the RSPB canprovide valuable support to thisinitiative. Embracing thepartnership model, the NWCUseeks to address this priority viathe prevention and disruption ofcriminality. Where a criminaloffence has taken place, theNWCU aims to identify thoseresponsible and report them tothe appropriate authorities.

The NWCU now has a pivotalrole in recording all wildlife crimeacross the UK and welcomes alldata provided by statutory andnon-statutory agencies toprovide the most accuratepicture available. This informationis essential to identify the mostserious wildlife crimes and helpfocus enforcement effort.

Brian Stuart, Head of NWCU

Brian Stuart became head of theUK National Wildlife Crime Unitin 2008.

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Contacts

The RSPB UK HeadquartersThe Lodge, Sandy, Bedfordshire SG19 2DL. Tel: 01767 680551

Northern Ireland HeadquartersBelvoir Park Forest, Belfast BT8 7QT. Tel: 028 9049 1547

Scotland HeadquartersDunedin House, 25 Ravelston Terrace, Edinburgh EH4 3TP. Tel: 0131 311 6500

Wales HeadquartersSutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB. Tel: 029 2035 3000

www.rspb.org.uk

The Partnership for Action Against Wildlife Crime (PAW)PAW is a multi-agency body comprising representatives of theorganisations involved in wildlife law enforcement in the UK. Itprovides opportunities for statutory and non-Government organisationsto work together to combat wildlife crime. Its main objective is topromote the enforcement of wildlife conservation legislation,particularly through supporting the networks of Police Wildlife CrimeOfficers and officers from HM Revenue and Customs and UK BorderAgency. Please visit www.defra.gov.uk/paw for more information.

The views expressed in Birdcrime are not necessarily those of theRSPB or PAW.

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Summary of reported incidents in 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

RSPB recommendations on priorities for government action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

1. Shooting and destruction of birds of prey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2. Poisoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

3. Birds of prey update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18Map showing distribution of confirmed bird of prey and owl persecution incidents in 2008 . . . . . . . . . . . .23

4. Egg collecting and disturbance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

5. Trade in wild birds and taxidermy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28RSPCA efforts to tackle finch trapping continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

6. Other wild bird crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36

7. Prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

8. Review of 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44National Wildlife Crime Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44Wildlife Crime Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45Partnership for Action Against Wildlife Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46Legal issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50RSPB international update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56

Appendix I – Incidents reported to the RSPB 2003–2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58

Appendix II – Regional breakdown of incidents reported in 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59

Appendix III – Confirmed and probable bird of prey and owl persecution during 2008 . . . . . . . . . . . . . . . . .62

Appendix IV – Confirmed poison abuse incidents during 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65

Appendix V – Schedule 1 nest robberies during 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67

Appendix VI – Wild bird related prosecutions in 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68

Contents

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This report summarises offencesagainst wild bird legislationreported to the RSPB in 2008.Further copies are available onrequest from the RSPBInvestigations Section at TheLodge, Sandy, BedfordshireSG19 2DL, or from the RSPBwebsite (www.rspb.org.uk). It isbelieved that these publishedfigures represent only a fractionof the total number of incidents,as many remain both undetectedand unreported, particularlythose that occur in remote areas.

In 2008, the RSPB received1,206 reports of potentialoffences against wild birds in theUnited Kingdom (see AppendicesI and II). Incidents are recordedin three categories:

Unconfirmed – thecircumstances indicate an illegalact has possibly taken place;

Probable – the circumstancesindicate that by far the mostlikely explanation is that an illegalact has taken place;

Confirmed – the circumstancesindicate an illegal act has takenplace. These incidents aretypically substantiated byevidence such as post mortemor toxicological analysis (egshooting and poisoning cases),or reliable eyewitness evidence.

Summary of reported incidents in 2008

The 1,206 incidents in 2008comprised: • 210 reports of shooting and

destruction of birds of prey,with the confirmed shootingof 23 individual birds of prey.

• 133 reports of poisoningincidents, including 63confirmed incidents of abuse(see Appendix IV) involvingthe confirmed poisonings ofat least 65 individual birds oranimals.

• 36 egg-collecting incidents,including five confirmed and17 probable nest robberiesfrom Schedule 1 species.

• 27 reports relating to illegaldisturbance or photography ofSchedule 1 birds.

• 42 reports of illegal taking,possession or sale of birds of prey.

• 64 reports of illegal taking,possession or sale of wildbirds other than birds of prey,predominantly finches (seefinch trapping feature onpages 32-35).

• 682 reports of shooting anddestruction of birds otherthan birds of prey, includingtrapping and nest destruction.

The 1,206 incidents form thesecond highest number ofreports (1,228 in 2007) receivedby the RSPB (during 2003–2007,the annual average was 818). Thehigher levels of reportedincidents in recent years are duein large part to improvedrecording and reporting, andefforts by the NWCU to collatewildlife crime figures. However,the response by different policeforces to collate and pass wildlifecrime data to the NWCU variesdramatically, and it is clear thatmore effort and consistency are needed.

The UK breakdown of reportedincidents shows that 67%occurred in England, 18% inScotland, 11% in Wales and 4%in Northern Ireland (1% occurredin an unknown location in theUK). In 2008, the RSPB receivedinformation on 52 individualprosecutions involving wild birds.These cases involved a total of198 charges, of which 130 wereproven. Fines for the yeartotalled £8,500 and five peoplewere given prison sentences(two of which were suspendedsentences).

NB. References to previousyears’ figures may vary slightlyfrom relevant issues of Birdcrimefollowing late reports ofincidents.

RSPB recommendations onpriorities for government action

Whilst there have been encouragingimprovements in several areas ofwildlife crime enforcement, the RSPBbelieves further government supportand input is needed in a number ofareas. The challenges for this and thenext UK Government are to maketackling wildlife crime a higher priorityand to:

• Conduct a thematic review for theenforcement of wildlife crime inEngland, Wales and Northern Ireland(see page 45).

• Secure the long term funding of theNWCU (see page 44).

• Increase support for the recentlyannounced UK Wildlife CrimePriority to address raptorpersecution (see page 44).

• Increase support for the WildlifeCrime Officer (WCO) network (seepage 48).

• Increase support for the Partnershipfor Action Against Wildlife Crime(PAW) (see page 47).

• Modernise the regulation of gameshooting (see page 23).

• Improve recording and reporting ofwildlife crime and make the killing ofbirds of prey a recorded crime (seepage 19).

• Update legislative provisions (seepage 50).

• Continue to show leadership ininternational discussions to protectand conserve migratory birds ofprey (see page 56).

• Work with the European Union tostrengthen the penalties availableunder cross compliance so thatanyone contravening EU WildlifeDirectives faces having their singlefarm payment withdrawn (see page 55).

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In 2008, there were 210reported incidents of illegalshooting, trapping and nestdestruction of birds of prey (see Appendix I).

This is lower than the 267incidents reported in 2007,though above the last five-yearaverage (during 2003–2007, theaverage was 179 incidents).

Of the 210 reports, 38 wereconfirmed and 48 were probable.The most commonly reportedcrime was shooting, with 105reports of incidents involving theshooting or attempted shootingof raptors and owls. Of these,

22 were confirmed and a further19 were probable.

There were 28 reportedincidents relating to destructionof birds of prey nests, eggs orchicks, and a further 77 reportedincidents of other offences, suchas trapping.

In 2008, the RSPB launched itsbird of prey campaign to raiseawareness of the unacceptablyhigh levels of bird of preypersecution, and to press forgovernment action to tacklethese crimes and reduce their causes.

Gamekeeper fined for wildlife and welfare offences

In October 2008, DavidAlexander Whitefield (41), agamekeeper and member of theScottish GamekeepersAssociation, pleaded guilty atLanark Sheriff Court to recklesslytaking a common buzzard underthe Wildlife and Countryside Actand failing to ensure its welfare,contrary to the Animal Healthand Welfare (Scotland) Act 2006.

The charges were brought as aresult of the unlawful use of acrow cage trap, contrary to theconditions of the Scottish OpenGeneral Licenses (OGL). He wasfined £300.

Following a report from a hillwalker, two Scottish Society forthe Prevention of Cruelty toAnimals (SSPCA) officersattended the crow cage trapnear Birthwood farm, Coulter, inLanarkshire. They saw a buzzardin the trap and noted that therewas no food, water or shelter, asrequired under the OGL.

The trap was not even fitted witha door to allow the release ofnon-target species and the meshhad to be broken to release thebuzzard, which had minorinjuries around its beak.

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Case studies

There were no signs of humanvisitation, and from the timing ofthe recent snowfall, it wassuspected the trap had not beeninspected for at least 48 hours.

Following his conviction,Whitefield is now barred fromusing the Scottish OGL while hisconviction remains current underthe Rehabilitation of OffendersAct 1974 (five years in this case).The RSPB welcomes this newcondition on the OGL and wouldlike to see this provisionintroduced throughout the UK(see also page 55).

Buzzard in an illegally operated crow cage trap near Coulter, Lanarkshire.

Shooting and destruction of birds of prey1

A male breeding peregrinecaught in an illegal spring trapin Staffordshire. Sadly, this birdhad to be euthanised.

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Gamekeepers come forward to report shockingcatalogue of wildlife crime by colleagues

In 2007, the RSPB independentlyreceived information from twogamekeepers who had beenemployed on the KemptonEstate, Shropshire, managed byBettws Hall, based in Wales.Both alleged that underkeeperKyle Burden (19) had killedcommon buzzards, clubbedbadgers to death that werecaught in snares, and set spring-traps to kill birds of prey. Thehead gamekeeper Roger Venton(36) was also implicated in theuse of traps to kill raptors.

Furthermore, both witnessesdescribed in detail a “vermin”notebook held by Burden with

coded entries documenting thekilling of buzzards, badgers andravens. What made this case so remarkable was that bothgamekeeper witnesses wereprepared to give evidence in court.

RSPB Investigations undertooksurveillance and Venton wasfilmed tending a pheasant pencontaining a set pole-trap. On 31 July 2007, the RSPB helpedWest Mercia Police to executesearch warrants on the estate.The “vermin” notebook wasfound in the possession ofBurden.This indicated that duringjust a few months in 2007,

102 buzzards, 40 ravens and 37badgers had been killed.On 21 August 2008, at TelfordMagistrates Court, Burdenpleaded guilty to nine offencesunder the Wildlife andCountryside Act 1981 (WCA) andProtection of Badgers Act 1992. These related to the intentionalkilling of two common buzzards,attempting to kill two more,killing two badgers, setting eightspring-traps and possession of ashotgun to commit offences. On 19 September, he received a 26-week suspended jailsentence, 150 hours communityservice and was ordered to pay£200 costs.

On 3 December 2008, at thesame court, Venton pleadedguilty to using a pole trap andpermitting Kyle Burden to illegallyuse a cage trap. The court stated

250 hours unpaid communitywork and pay £2,000 costs.

Encouraged by the bravery of thetwo gamekeeper witnesses, in

PC Tim Griffiths at one of thesnaring sites on the KemptonEstate, where badgers wereclubbed to death by one of thegamekeepers.

The two gamekeepers whocame forward to report wildlifepersecution on the KemptonEstate, with Mark Thomas fromthe RSPB (centre) displayingthe hotline advert.

“Encouraged by the bravery of the twogamekeeper witnesses, the RSPB launcheda confidential hotline: 0845 GOODMEN.”

that Venton was in a position ofauthority, had knowledge ofwhat was happening and hadfailed to intervene. On 2 January2009, Venton received a three-month suspended jail sentence,concurrent on each offence. Hewas also required to undertake

November 2008 the RSPBlaunched a confidential hotline:0845 466 3636 (0845GOODMEN). This is primarilyintended as a confidential wayfor gamekeepers and otherswithin the shooting communityto report offences.

This notebook, seized froma gamekeeper on the KemptonEstate, indicated extensivekilling of protected speciesduring 2007. This coded entryrelated to 102 buzzards.

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Peregrine trapping carnage

During 2008, informationreceived by police and the RSPBindicated that an element fromthe pigeon-keeping communitywas involved in a campaign to killperegrine falcons at locationsaround the West Midlands.

On 22 May 2008, RSPBInvestigations Officers accesseda peregrine nest near Dudley.Two spring-traps were recovered,which had been illegally set bythe nest scrape to trap theparent birds. This appeared tohave been unsuccessful, but thebreeding attempt had failed.

On the same day, a local licensed volunteer checking a

nearby nesting site in Cannock,Staffordshire, discovered an adultmale peregrine falcon caught in aspring-trap. The bird was rescuedbut later euthanised due to theseverity of its injuries. Therewere four other spring-traps nearthe nest site, and it wassuspected that the female parenthad been trapped and killed. Twoorphaned peregrine chicks wererescued from the site andpassed into the care of RaptorRescue, who took on the task ofrearing the birds whilst franticefforts were made to locate wildperegrine nest sites suitable foradopting the two chicks. Thankfully, the ShropshirePeregrine Group and other

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volunteers found two suitablenest sites. On 5 June 2008, bothchicks were fostered into wildnests and fledged successfully.

A reward of £1,000 was offeredfor information leading to theconviction of anybody involved.Encouragingly, following moreinformation, in June 2008, searchwarrants involving Staffordshireand West Midlands Police wereexecuted at four addresses.

Whilst there was insufficientevidence to prove offences inrelation to peregrines, finches,bird traps and a quantity of drugswere recovered. Police andRSPB enquiries continue.RSPB Investigations Officer

places one of the orphanedperegrine chicks into a wildnest site.

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RSPB Investigations Officer accessing a peregrine site in the West Midlands to remove illegally placedspring-traps.

TV presenter Tom Heap accompanies an RSPB Investigator as the other orphaned peregrine chick is placedinto another wild nest site.

One of the orphaned peregrine chicks from Cannock (right) meetsits foster siblings at a new nest in Shropshire.

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On 4 May 2008, a dead white-tailed eagle was discovered inAngus, within an area that hasgenerated a significant amountof wildlife crime casework inrecent years. Analysis laterconfirmed it had been poisonedby a mix of the pesticidescarbofuran and bendiocarb.

On 7 May, the RSPB assistedTayside Police with a land searchand found poisoned baitsconsisting of 32 cubes ofvenison and a mountain hare baitlaced with the pesticidescarbofuran, bendiocarb and isofenphos.

Poisoning2

In 2008, there were 133 reportedincidents of wildlife poisoningand pesticide-related offences.This is fewer than the previoustwo years, and level with the last five-year average (during2003–2007, the average was 133 incidents).

There were 62 incidents whereabuse of a pesticide wasconfirmed by analysis of victimand/or bait (2003–2007 averageof 65 confirmed abuseincidents). The confirmed abuseincidents in 2008 involved thepoisonings of at least 65individual birds or animals.

In addition to the 62 confirmedpesticide abuse incidents, therewere also seven confirmedincidents of illegal possession ofpesticides and seven confirmedincidents of birds of prey dyingthrough secondary rodenticidepoisoning.

When examining which pesticidewas involved in each of thereported incidents, it was foundthat the trend from previousyears had prevailed and the mostcommonly abused pesticide wascarbofuran, with 31 confirmedincidents.

White-tailed eagle poisoned

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A poisoned buzzard was alsofound. This was one of thelargest single seizures ofpoisoned baits ever recorded inScotland. The follow-up by thepolice to this major wildlife crimeincident was disappointing.However, the RSPB has sincereceived reassurances fromTayside Police that such mattersare taken seriously.

In 2006, poisoned baits andillegal pesticides were found inthe same area and led to arecord £107,650 in farm subsidypayments being withheld by theScottish Government (see crosscompliance page 52).

“This was one of thelargest single

seizures of poisonedbaits ever recorded

in Scotland.”

Following a report receivedfrom dog walkers, RSPBInvestigators recoveredpheasant eggs laid out on theedge of a grouse moor inCleveland. Analysis confirmedthe presence ofalphachloralose.

This white-tailed eagle, found in Tayside during 2008, is the sixth UK bird known to have been poisonedsince the Scottish re-introduction scheme began.

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Case studies

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Gamekeeper convicted of pesticide offences

In 2006, the RSPB receivedinformation that pesticidesacquired from Ireland were beingsupplied to gamekeepers in theNorth of England. In 2007,following calls from the public,the RSPB located a deadbuzzard, gull and rabbitcarcasses on two of the estatesmentioned. Analysis confirmedthe pesticide alphachloralose,which has a long history inwildlife poisoning.

In May 2007, a joint operationinvolving North Yorkshire andWest Mercia Police, supportedby Natural England, the DefraInvestigation Service and theRSPB, executed a number ofwarrants. In Shropshire,

unapproved pesticides, includingalphachloralose imported fromEire, were discovered. A manwas later cautioned.

At the home of James Freeman,head gamekeeper on the SteinEstate, Nidderdale, NorthYorkshire, alphachloralose ofunknown origin was found in hisgun cabinet. Containers ofunapproved strychnine and thefumigant Phostoxin were foundin his home, a vehicle and aninsecure outbuilding. There wasno signage on his pesticidestore, and a quantity of theunapproved fumigant Cymagwas found decanted into a jar.

Buzzard poisoned bya rabbit laced withalphachloralose on a grousemoor in North Yorkshire, whichled to police action against anumber of individuals. Overthe last ten years, 213incidents have involved theillegal poisoning of buzzards inthe UK.

On 20 November 2008, Freemanwas sentenced at York CrownCourt, following an earlier guiltyplea to eight charges relating tothe unlawful storage and use offive different pesticides. Freemanwas fined just £750. The judgestated he had “driven a horseand cart” through the regulationsbut the fine was limited by hisfinancial situation.

As part of the same enquiry,late one evening RSPBInvestigators recovered fourrabbit baits and a dead gullfrom another grouse moor inNorth Yorkshire. Analysisconfirmed the presence ofalphachloralose.

The investigation also implicatedthe shooting land agent forfailing to properly superviseFreeman and ensure pesticideswere legally and safely stored. In October 2008, this trial wasdiscontinued following adirection from the judge over the legal meaning of the word “permit”.

The RSPB remainsconcerned over the low densityand poor breeding productivityof a number of raptors acrosslarge areas of the uplands inNorthern England and Scotland.The abuse of pesticidesremains a persistent problem.

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Case studies

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In 2008, Natural England (NE)published A Future for the HenHarrier in England?, the resultsfrom the first phase of itsnational Hen Harrier RecoveryProject. Monitoring work since2002 has shown that thecritically low breeding numbersand patchy distribution of henharriers in England is a result ofpersecution – both in thebreeding season and atcommunal roosts in the winter –especially on areas managed forred grouse shooting or with

RSPB recommendation:UK Government to improverecording and reporting of wildlifecrime and make the killing of birdsof prey a recorded crime.

Improved recording of wildlifecrime is still needed. Police forcesshould be required to pass allreports of wildlife crime offencesto the National Wildlife Crime Unitto allow national statistics to beprepared. Furthermore, certainsummary offences, such as thepersecution of birds of prey, shouldbe classed as recorded crime bythe Home Office. This would allowthe Government to have accuratefigures with which to assess theprogress of the UK Wildlife Crime Priority to tackle raptor persecution.

Birds of prey update3

other game rearing interests. Thedetails make stark reading.

In England between 2002 and2008, the comparatively tiny areaof Bowland in Lancashireaccounted for over two thirds of127 recorded hen harrierbreeding attempts. Of the 72successful nests which producedfledglings during the last sevenyears, 50 were in Bowland. InBowland, 65% of nestingattempts were successfulcompared with only 26% of

nests in other areas managed forred grouse shooting. Away fromBowland, only 19 breedingattempts were recorded ongrouse moors, in spite of largeareas of suitable habitat.

There was further evidence thatthis persecution was continuingduring the winter at communalroosts. Using trackingtechnology, NE found birds weresimply “disappearing off themap”. Over a 12-month period,six birds fitted with satellite

transmitters were tracked fromthe Bowland Fells into parts ofthe North Pennines which aremanaged principally as drivengrouse moors, and the birdshave not been recordedsubsequently.

The Bowland Fells in Lancashireis a Site of Special ScientificInterest and the only area wherethe hen harrier has increased innumber as a breeding bird since2002. This is largely due tosympathetic land managementby United Utilities plc, withmonitoring carried out by NE, theRSPB and volunteer raptorworkers. NE is now looking toimprove the fortunes of thisspecies by examining the

feasibility of reintroducing henharriers to the lowland part of England.

There were some disappointingresponses to the NE report, with the Countryside Alliancelabelling it as “propaganda” not science. The report isavailable on the NE websitewww.naturalengland.org.uk

Natural England report highlightshen harrier persecution

The spectacular skydance ofthe male hen harrier remains arare sight in the English uplands.

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Persecution on moorsmanaged for redgrouse shootingcontinues to keep henharrier numbers inEngland at a criticallylow level.

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Scottish Natural Heritage report confirms threatto golden eagles

In 2008, Scottish NaturalHeritage (SNH) published AConservation Framework forGolden Eagles: implications fortheir conservation andmanagement in Scotland. Thiswas produced in partnershipwith other members of theScottish Raptor MonitoringScheme: Scottish Raptor StudyGroups, Rare Breeding BirdsPanel, RSPB Scotland, BTOScotland and Joint NatureConservation Committee. Thereport has confirmed that someparts of Scotland no longer haveviable populations of goldeneagles, despite ideal habitat. Itconcludes that there is clear

evidence of decline in areaswhere illegal poisoningcontinues.

The report found that only threeout of 16 regions, all in westernScotland, had stable orexpanding golden eaglepopulations occupying most of

the existing suitable habitat. Themost serious problems were inthe central and easternHighlands, where less than halfof all known territories wereoccupied, and existingpopulations continued to decline.Based on the productivity of theremaining pairs, the populationsin these regions should beexpanding markedly. The mainland use in these regions isgrouse moor management.

The report looked at ten factorsranging from sheep grazing towind farms. Results showedillegal persecution to be themost severe constraint, and

incidents were more commonwhere grouse moor managementpredominated. This was reducingadult survival and constrainingnatural distribution across idealbreeding habitat. It also caused areduction in the overallproductivity of the population andan increase in vacant territories.These empty areas probablybecome ecological “traps”,attracting dispersing immaturebirds from safer areas.

Environment Minister MichaelRussell MSP expressed his wishthat SNH should continueworking with other bodies,including the police and landmanagers, to stamp out thispersecution. The report isavailable on the SNH website atwww.snh.org.uk

“Some parts ofScotland no longerhave viablepopulations of golden eagles, despite ideal habitat.”

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A golden eagle poisoned inScotland in 2007 sparkedinternational outrage and debatein the Scottish Parliament. Thisled to the publication in April2008 of Natural justice: a jointthematic inspection of thearrangements in Scotland forpreventing, investigating andprosecuting wildlife crime.

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Note: the number of mapped incidents is fewer than the number reported as not allincidents can be allocated a grid reference. Where more than one incident occurredin the same 10-kilometre grid square, the relevant symbols have been moved slightlyfor clarity.

RSPB campaign to stop illegal killing of birds of prey

Despite decades of legalprotection, the annual Birdcrimestatistics for bird of preypersecution still makedepressing reading. The longterm data sets held by the RSPB,and the Government pesticideabuse data clearly identify thecore of the problem as theconflict with land managed forgame shooting, particularlyupland estates managed for grouse.

In 2000, the Governmentproduced the UK Raptor WorkingGroup Report to Ministers with aseries of recommendations,including improved enforcement

and legislative changes. Theresponse to these has beendisappointing. These crimesremain extremely difficult todetect and prosecute. To date,enforcement has beenpiecemeal and unstructured,often relying heavily on inputfrom NGOs.

In response, the RSPB launcheda bird of prey campaign in 2008.It aims to foster a change ofattitudes by encouragingwidespread condemnation ofpersecution from all sectors ofsociety. This should stimulate theGovernment to promote morerigorous enforcement and novel

legal mechanisms to bringpressure on the worst offenders.The recently announced 2009 UKWildlife Crime Priority to tackleraptor persecution is anencouraging sign. However,producing meaningfulenforcement action in an oftenhighly charged political arena willbe challenging.

The RSPB are asking people tosign a simple pledge, calling foran end to the illegal killing ofbirds of prey. In addition to over150,000 concerned individuals,politicians have added theirvoice. Huw Irranca-Davies MP,Minister for Natural and Marine

Environment, Wildlife and RuralAffairs; Michael Russell MSP,Scotland’s former Minister forthe Environment; and CathalBoylan, Deputy Chair of NorthernIreland Assembly’s EnvironmentCommittee have all signedcampaign pledges. Countrysideuser groups have added theirvoices. Encouragingly, fieldsports organisations such asBritish Association for Shootingand Conservation and theNational Gamekeepers’Organisation signed the pledge.Their continued support is vital if we are to see a significant turn around in the fortunes ofsome birds of prey. Those whocontinue to flout the law damage not only bird of preyconservation, but also thereputation of the shootingcommunity.

The RSPB has launched aconfidential hotline for people inthe shooting community toreport bird of prey persecution. The number is 0845 4663636(0845 GOODMEN). The hotlineadvert is featured at the back ofthis report. The RSPB believesthis is now an ideal opportunityfor the Government to build onthe current momentum and toshow its commitment by puttingin place the necessary financialsupport and legislativemechanisms to ensure thatdecades of outdated and illegalpractises finally end. You can addyour voice to the campaignpledge, calling for an end to theillegal killing of birds of prey, atwww.rspb.org.uk/birdsofprey

Huw Irranca-Davies MP (right) talking about red kites with children from the Rowland Gill primary school,Newcastle, following his signing of the RSPB campaign pledge.

Confirmed bird of prey and owl persecution incidents 2008

RSPB recommendation: UK Governments to modernise theregulation of game shooting.

The rights to shoot of anyone found guilty of raptor persecution orother environmental crimes should be withdrawn for a fixed period,providing a significant deterrent without imposing a burden on thelaw-abiding majority.

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In 2008, there were 36 reportedincidents of egg collecting andegg thefts, and four reports ofeggs being sold (in 2003–2007,the average was 66 incidents).This is a fall from 2007 and partof an encouraging long termdecrease in reports of suchcrimes. When comparing as apercentage of all reportedincidents, there is a definitedecrease. The 36 incidents in2008 represent only 3% of allreported incidents, compared to12% in 2000 and 14% in 1990.

There were five confirmed and17 probable nest robberies fromSchedule 1 species reported in

2008 (see Appendix V). Theseinvolve both egg collectingincidents, and eggs and chickstaken for the live bird trade.Confirmed robberies involved thenests of three peregrines, onegoshawk and one barn owl. Probable robberies involved thenests of 15 peregrines, one barnowl and one chough.

With the exception of theincrease in peregrine robberies,many of which are likely to beconnected with the live birdtrade rather than egg collectors,these relatively low figures are agood sign. They illustrate thatsince the early 1990s, the

number of egg collectingincidents has significantlyreduced. It is believed this is duein part to increased police effort,through national strategies suchas Operation Easter, and regionalinitiatives such as OperationCompass in Norfolk. However,the RSPB believes the mostsignificant factor has been theintroduction of custodialsentences. These wereintroduced in England and Walesin early 2001 under theCountryside and Rights of WayAct 2000, and in Scotland in2003 under the Criminal Justice(Scotland) Act 2003.

Convictions relate toindividuals believed tobe involved incollecting and takingeggs. A few casesinvolving egg sale, orcollecting eggs forfood, have beenexcluded.

An examination of the sevenyears of egg collectingconvictions either side of 2001(1994 to 2008) shows that theaverage number of annualconvictions for egg collectingoffences has fallen from 14during 1994–2000 to four during2002–2008. Since 2001, thecourts have imposed a custodialsentence in 14 cases (involving12 individuals). Half of thesecases involved individuals whohad previous convictions for eggcollecting offences. The RSPBbelieves this is a graphicillustration of the deterrent valueof custodial sentences for certainwildlife offences.

No.

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10

15

20

25

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1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

CustodialNon-custodial

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Egg collecting convictions recorded by the RSPB 1994 to 2008

Egg collecting and disturbance4

The decrease in the number ofrecorded egg collecting offenceshas been very encouraging.However, there are still activecollectors and a number ofsignificant illegally heldcollections. There is no doubtthat with the passage of timemore cases will come to light.This was illustrated by theconviction of Richard Pearson inApril 2008 (see page 42).

In 2008, there were also 27reported incidents ofphotography and disturbance ofSchedule 1 species, eight ofwhich were confirmed. The eightconfirmed incidents included a

white-tailed eagle disturbanceincident, which resulted in aprosecution (see case studyoverleaf). There were also twocases each for the disturbance ofhen harriers (one of whichresulted in a police caution),golden eagles and red kites plusone case of disturbance of a littletern colony.

Egg collecting on the decline?

In 2006, over 7,000 bird eggs were seized from the home of Richard Pearson – the largest seizure in over adecade. In 2008, Pearson was given a 23-week jail sentence.

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On 12 September 2008, eggcollector Jason Lee Stokes,formerly of Trenance Road,Exhall, Bedworth, was sentencedat Nuneaton Magistrates Courtfor three offences under theWildlife and Countryside Act.These related to possession offour skylark eggs and eggcollecting equipment. He hadearlier been found guilty at a trialin his absence. He received aCommunity Order of 50 hoursunpaid work with £250 costs.The eggs, a camera and otheritems were forfeited.

Following intelligence gatheredby the RSPB and Warwickshire

Police, on 19 June 2007, assistedby West Midlands Police and theNWCU, a number of searchwarrants were executed as partof “Operation Carron”. This led tothe conviction and jailing of aprolific egg collector, a mancautioned for possession of awildcat skin and the seizure ofbirds’ eggs taken in Turkey and Iceland.

When Stokes’ home was visited,four skylark eggs, books anddocumentation were found in acampervan outside his home. Adigital camera was seized fromhis house. Stokes refused tocomment on the items during

On 6 October 2008 at ObanSheriff Court, Alistair Waters ofLee Crescent North, Aberdeenwas fined £600 for recklesslydisturbing a white-tailed eagle onthe Isle of Mull.

In March 2008, Waters wasspotted taking photographs neara white-tailed eagle nest and aneagle was seen flying and callingin a manner suggestive of itbeing disturbed. These eventswere witnessed by a local B&Bowner, who immediately phonedWildlife Crime Officer PC FinlayChristine. In court, Watersdenied knowing the nest wasthere, despite the fact he had

Man fined £600 for disturbing nestingwhite-tailed eagles

Skylarks and other ground-nesting birds remain popularwith egg collectors.

Forensic evidence nails egg thief

Case studies

walked straight past one of theprominently displayed Mull EagleWatch signs to get to the nestsite. All white-tailed eagle nestson Mull are closely monitoredand the disturbance happened ata particularly sensitive time forthis pair. The court was informedthat an egg had been laid in thenest in the 24-hour period priorto the disturbance incident.

The Scottish economy benefitsup to £2 million a year frompeople visiting Mull to see thewhite-tailed eagles and otherwildlife. The high-profile MullEagle Watch is held every yearand there is a well-advertised

public hide at another locationdesigned to allow visitors viewsof these rare birds, withoutdisturbing them.

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interview. However, one of hisfingerprints was found on thecontainer holding the skylarkeggs. Forensic analysis of thecamera recovered a number ofpreviously deleted images ofbirds’ eggs in nests. These werepassed to the RSPB forexamination and includedpictures of several nestscontaining skylark eggs. One ofthese, dated as taken on 12 June2007, could be specificallymatched to the clutch seizedfrom Stokes.

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In 2008, there were 106 reportedincidents involving the taking,sale and possession of live anddead birds (during 2003–2007,the average was 73 incidents).As with previous years, themajority of 2008 incidents werecases of taking, selling andpossessing live birds (not birdsof prey – mostly finches)accounting for 64 incidents.There were 42 incidentsinvolving birds of prey and fourincidents of illegal taxidermy.

On 15 October 2008, JohnDodsworth of Rodin Avenue,South Shields, was sentenced atNewcastle Crown Court afterpleading guilty to the purchase oftwo taxidermy specimens – amarsh harrier and a honeybuzzard – contrary to the Controlof Trade in Endangered SpeciesRegulations 1997 (COTES). Hereceived a nine-monthconditional discharge. Bothspecies are listed on Annex A ofthe EU’s CITES regulations.Dodsworth was found not guiltyon three COTES charges, andanother was discontinued. InOctober 2006, following a searchwarrant executed byNorthumbria Police assisted bythe RSPB, a large egg collectionwas seized that contained someCITES Annex A species such as

Trade in wild birds and taxidermy5 Case studiesAcquittal following “gift” of birds’ eggs

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golden eagle and honey buzzard,along with a number oftaxidermy specimens.

During interview, Dodsworthclaimed he had bought a numberof taxidermy specimens,including some from the websiteeBay, without Article 10Certificates being supplied. Healso claimed he had purchased alarge cabinet from the recentlydeceased egg collector MichaelDawson for £600, and that theseveral hundred eggs itcontained “came free”. Anexperienced auctioneer valued

the cabinet at less than £100. Incourt, Dodsworth stated he hadbeen trying to build up a collectionof eggs from legitimate sourcesand accepted that he had beendevastated when a large eggcollection had been confiscatedfollowing a previous conviction in 1998.

However, he denied the purchaseof the cabinet was a ruse to obtainthe eggs and was acquitted on thismatter. The RSPB believes achange in the law may benecessary to cater for the situationwhere CITES specimens prohibitedfrom trade are supplied free as partof a financial transaction. It ishoped this situation can beaddressed in the forthcomingreview of COTES, scheduled tostart in 2009 (see page 54).

“He denied thepurchase of thecabinet was a ruse toobtain the eggs.”

Golden eagle eggs wereamongst those in a cabinet soldfor £600 by one egg collector toanother.

The purchase of honey buzzard and marsh harrier taxidemy specimens resulted in a conviction in 2008.

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Examination of x-rays canprovide important informationrelating to the cause of death.

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Peregrine robberies highlight folly of deregistration

Of particular concern during2008 were three confirmed andfifteen probable peregrine falconnest robberies (see Appendix V).The three confirmed robberiesand a number of the probableincidents included sites that haveinvolved falconry-related nestrobberies in the past.

One of the confirmed incidentsrelated to a traditional nest siteat Beeston Castle near Tarporleyin Cheshire. On 20 May 2008,wild peregrine chicks werestolen from the site. They mayhave been taken to supply thetrade in illegal falconry birds. Sixmen armed with ropes and

birds from Beeston Castle,possibly released and abandonedfollowing police enquires.

Beeston Castle is an iconicperegrine nesting site that wasfirst occupied in 1988 butsuffered from persecution andnest robbery in its early years ofoccupancy. This resulted in theformation of the BeestonPeregrine Watch group in 1993,involving a team of concernedlocal residents co-ordinated bythe police wildlife officer at thetime, Mike Wellman. The schemeran very successfully for 10 yearsbefore being disbanded in 2002because the threat to the birds

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With recent controversialchanges in Schedule 4, theRSPB is highly concernedthat the laundering ofspecies such as peregrineswill again become prevalent.

rucksacks at the nest site claimedthey were climbing down the cliffsto “tag” the birds, but later, whenchallenged, they ran off.

A Cheshire police investigationresulted in three search warrantsbeing executed in Liverpool and inWarrington, and a number ofsuspects interviewed. However,the police were not able to recoverthe falcon chicks and there wasinsufficient evidence to chargeanybody with the robbery.Interestingly, in June, two tameand unringed young peregrineswere found at the back of a hotelin Frodsham, Cheshire. It issuspected these may have been

was perceived to havedecreased. However, followingthe 2008 robbery, the nestprotection scheme is again being mobilised under the co-ordination of the currentCheshire police WCO, Martin Findlow.

The RSPB is very concerned thatthe Beeston nest robbery, andseveral other incidents, may bestrong early indications of theconsequences of the peregrinebeing effectively removed fromSchedule 4 of the Wildlife andCountryside Act (see Schedule 4feature on page 50).

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The spectacular location ofBeeston Castle in Cheshirehas been a regular nestingsite for peregrines.Unfortunately, after manyproblem-free years, the chickswere stolen from the site in2008. A local peregrine watchscheme, started in the 1990s,was reconvened to protectthe site.

32

The RSPB regularly receivesreports of the illegal taking andsale of finches. The NationalWildlife Crime Unit has recentlyannounced a requirement forincreased intelligence on theseoffences. The RSPCA SpecialOperations Unit (SOU) have formany years been the mostproactive agency in dealing withthese incidents. SOU InspectorCliff Harrison gives an insightinto this ongoing problem, below.

The trapping of wild birds, mainlyfinches, shows no sign ofabating, despite indications thatthe popularity of keeping cageand aviary birds is in decline. It is

RSPCA efforts to tackle finch trapping continue

clear that the market demand for“British” birds far outweighs theavailability of legitimate captive-bred birds. Consequentlytrappers, who can makesubstantial profits, are targetingmany thousands of birds in theUK and on the continent. A pairof goldfinches may sell for £120.

Quite apart from theenvironmental impact, themethods used can be cruel andcause suffering. The suddenshock of captivity andconfinement can kill a bird andmany die or are injured bycontinually flying against wire inan attempt to escape.

Catching trappers in the actremains very difficult, and mostcases the RSPCA investigateinvolve evidence gathered duringsearch warrants. It is interestingthat in probably 99% ofinvestigations involving nativebirds, we are told by the keeperthat they were “bought in goodfaith”. It is very rare indeed thatwe are shown a parent bird orany evidence of captivebreeding.

We find that birds, when closelyexamined, are either unringed –in which case any previous salewould have been unlawful – orare fitted with oversize or

Goldfinches remain a popular target for the illegal market.

33

It is still common for closerings to be tampered with andexpanded to fit them to wildtaken birds.

tampered rings, casting seriousdoubt on their provenance.

A number of operations havebeen against dealers selling birdsto the public and the pet trade.Once again, the instant excuse isthat the birds were boughtelsewhere in good faith and thatthe dealer under investigation is“a victim”. Increasingly, birds arebeing bought on the continent,mainly from dealers in Belgium.Whilst some are correctly ringedwith legitimate continental closerings, others are fitted withoversize rings that can easily beremoved. People who deal inprotected birds are part of the

chain that perpetuates cruelty. Atbest they are turning a blind eye,at worst they are activelyengaging in wildlife crime forprofit. The RSPCA believes it hasan absolute responsibility toensure that they are tradinglawfully and that the courtsshould deal with them moreseriously.

Whilst the Wildlife andCountryside Act 1981 puts theonus on individuals to accountfor their possession of wild birds,it is usually incumbent upon theprosecution to show, on thebalance of probabilities, thatbirds are likely to have originated

from the wild. In recognising thecontinuing threat and sufferingposed to wild birds, the RSPCAintends to provide specialisttraining for more Inspectors totackle the problem.

The SOU has extensiveexperience with these enquiriesand is happy to provideassistance to the statutoryagencies. The continuedassistance and intelligenceprovided by police, NWCU andthe RSPB remain essential intackling these offences.

Chaffinch fitted with atampered close ring.

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RSPCA case study

In May 2007, a search warrantwas executed at the home ofRobert Jenkins from ByassStreet, Port Talbot, Wales. Theinvestigation into the keepingand sale of wild birds led toScotland via the West Countryand South Wales. Their originbefore his purchase in Belgiumremains unknown.

RSPCA and Special OperationsUnit (SOU) Inspectors togetherwith South Wales police WildlifeCrime Officer Sergeant IanGuildford, found 29 protectedbirds at the address. The SOUavicultural expert assessed 22 of

these as being of wild origin.Many were fitted with oversizeclose rings. Twelve linnets, eightgoldfinches and two chaffincheswere seized and later releasedback into the wild.

In July 2008, Jenkins was foundguilty following trial at NeathMagistrates Court on threecounts of possession of wildbirds. The defence claimed thatthe birds had been bought ingood faith. However, the districtjudge pointed out that whentaking into consideration theevidence of the rings and acomplete lack of documentary

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Set of equipment seizedfrom a finch trapper, used forpreparing lime sticks toillegally take wild birds.

35

evidence of captive breeding, thedefendant was bound to fail onthe balance of probabilities.

He was ordered to pay £1,000towards the RSPCA’s costs.Additionally, the district judgeused powers under the Powersof Criminal Courts (Sentencing)Act 2000 to impose a four-month

disqualification from driving onthe basis that his car was usedfor trips to Belgium to buy birds.

This case highlights theincreasing problem of birds beingpurchased on the continent. Webelieve that the requirement toproduce original documentaryevidence of captive breeding asa pre-requisite for the sale of allprotected birds is required. Thisshould act as a deterrent tothose who sell wild birds, oracquire them for selling on.

In July 2009, following a jointRSPCA and NWCU investigation,Sean Fitzpatrick of Brunt Road,

“The investigationtrail included birdsthat had ended up inScotland via the WestCountry, South Walesand Belgium.”

Rawmarsh, pleaded guilty atRotherham Magistrates court tocharges relating to the illegalpossession and sale of red-backed shrikes and stonechats. It is believed these birds weretaken from the wild in France.The Schedule 4 registrationrecords were vital in tracing birds and progressing theinvestigation. Ironically, red-backed shrikes were removedfrom Schedule 4 in October2008. This case emphasizes thevalue of registration as anenforcement tool.

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Controversial changes to Schedule 4 of the Wildlife and Countryside Act mean that red backed shrikesheld in captivity in England are no longer required to be registered.

3736

In addition to the reportedincidents of bird of preypersecution, there were a further682 reported incidents ofshooting and destruction of birdsother than birds of prey. The2003–2007 average was 318incidents. As with 2007, it isbelieved these higher thanaverage numbers are due toincreased intelligence sharingwith the police, the NWCU andthe RSPCA, and theydemonstrate more clearlythe scale of illegal killing of wild birds.

The 682 reports included 118confirmed shooting anddestruction incidents and 225probable incidents. Within thetotal reported incidents, 249concerned the intentionaldestruction of active bird nests(not birds of prey), of which 34could be confirmed.

Examination of the reportsreceived showed that in 24% ofcases reported, the species ofbird was unspecified. Foridentified species, the highestnumber of reports was for muteswans. This species hasconsistently been subject towanton acts of violence and alarge number of these reportsinvolve swans being attacked by youths.

The place of the raven in myth,legend and history is longestablished. Encouragingly, thepopulation is increasing as itrecovers from the effects ofhistorical persecution. However,ravens are still illegally killed insome areas, and numbers arerestricted across large parts ofthe uplands. In April 2008, amember of the public heardshooting near a raven breedingsite on a viaduct in Dentdale,Cumbria. At the site, the body ofa raven could be seen hanginghigh in a treetop. The body was recovered by RSPBInvestigations Officers. When x-rayed, it was discovered thatthe bird contained over 70 piecesof lead shot. The offenders werenot traced.

Other wild bird crime6 Case studiesRavens are still victims of persecution

RSPB Investigations OfficerJames Leonard recovers ashot raven from the tree topsadjacent to a nesting site in Cumbria.

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An x-ray showed the ravencontained over 70 pieces oflead shot.

Unspecified bird species 24%

All other species 18%

Gulls 9%

Crows 11%

Martins, swifts & swallows 8%

Pigeons 8%

Swans 12%

Ducks & geese 10%

Non-raptor species involved in shooting anddestruction incidents during 2008

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Common tern shotIn June 2008, fishery ownerGordon Burgess, of Alan MossRoad in Loughborough,Leicestershire, was witnessedshooting a common tern, whichwas flying over Donnington Lake,Hemmington, Leicestershire.

The dead bird was recoveredfrom the water by localfishermen who witnessed theincident and reported it to thepolice. Burgess was interviewedand denied the offence. RSPBInvestigations supplied an impactstatement, and the case was

Since 2006, there have beengrowing concerns about largenumbers of auks drowned asbycatch in nets operated by asalmon and sea trout fishery inFiley Bay, North Yorkshire.Reports involved several hundreddead birds, many of which werewashed up on the beach,presumably after being removedfrom nets. The bycatch peakappeared to occur in late June,involving a higher percentage ofrazorbills than guillemots. Athreshold figure of bycatch wasset by voluntary agreement, andexceeding this could lead to ashort suspension of the fishery.

Faced with the same concerns inJune 2008, RSPB InvestigationsOfficers covertly filmed thefishery over a two-day period.Many hours of footage showedhigh levels of bycatch, mainly

razorbills, and some fishermenwere massively exceeding thethreshold level and failing toreport all bycatch. There were alsodistressing scenes whereentangled birds were left todrown in nets whilst salmon wereremoved and taken back to shore.

The footage was presented to theEnvironment Agency (EA) andNatural England and a decisionwas made to close the fishery for14 days with immediate effect.On 3 July 2008, the fishery re-opened with new safeguards,

Wild bird killing Filey Bay, North Yorkshire

including the removal of overnightnets. This reduced bycatchconsiderably and there were nofurther large catches for the restof the season.

The evidence was also passed toNorth Yorkshire Police and theRSPCA. A fisherman was latercharged with two offences ofcausing unnecessary suffering torazorbills caught in his net. On 8 January 2009, the case wasdiscontinued at ScarboroughMagistrates Court, as surprisinglyit was found that the AnimalWelfare Act 2006 does not applyto the sea.

Significantly, during March 2009,an independent study commissionby the EA indicated thatcontinued bycatch of razorbills atFiley would detrimentally affectbreeding numbers at the RSPB

Bempton Cliffs reserve, which is aSpecial Protection Area (SPA).

The RSPB welcomes the findingsof this study and believes there isa solution that significantlyreduces seabird deaths andallows local fishermen to earn aliving. The RSPB has suggested acode of practice to address keyissues such as unattended netsset at night and the correcthandling of caught seabirds.Breaches of the code could result in the EA withdrawing afishing licence.

“The RSPB believes there is a solution thatsignificantly reduces seabird deaths and allowsthe local fishermen to earn a living.”

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Still from a video of RSPBsurveillance footage showingseabirds caught in a fishing netset in Filey Bay during 2008.

Large numbers of razorbills diedafter being caught as bycatch infishing nets in Filey Bay.

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overseen by Wildlife CrimeOfficer Neil Hughes.

At Loughborough MagistratesCourt on 21 November 2008,Burgess pleaded guilty to injuringthe bird and going equipped witha shotgun to commit theoffence. He was fined £1,000and instructed to pay £200 costsfor what the magistrates termeda “regrettable incident”. Burgesshad earlier suggested he thoughtthe bird was a black-headed gull– ironically a species that is alsofully protected.

Oystercatcher shotIn another case during 2008,Daniel Britain of Golf View Road,Bieldside, Aberdeen wasconvicted of shooting a commongull and an oystercatcher atBieldside in Aberdeen. Theincident was reported to policeby local members of the public.Britain pleaded guilty to bothoffences and was fined £650.

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One of the more significantcases involved the prosecutionof three gamekeepers from theSnilesworth Estate in NorthYorkshire (see also Birdcrime2007). In May 2007, following areport of three cage traps baitedwith live pigeons being used onthe estate to take birds of prey,RSPB Investigations locatedthree further such traps.

Covert surveillance wasundertaken on two of these, andunderkeeper David Cook wasfilmed tending the traps. Thisevidence was passed to theNorth Yorkshire Police.

On 8 February 2008, headgamekeeper James Shuttlewoodpleaded guilty to permitting theuse of five illegal cage traps byhis staff, and was fined £1,250.Gamekeeper Charles Woof wasfined £100 after pleading guiltyto using one of the traps, andtrainee underkeeper David Cookreceived a 12-month conditionaldischarge in relation to the useof two traps.

Such cases continue to highlightthe conflict between sportingestates and birds of prey. Since1996, 75% of people convictedof offences relating to bird ofprey persecution have beenlinked with game interests; all 64of these were gamekeepers(nearly all full-time).Unfortunately, there still appearsto be little progress towards theshooting world getting its housein order.

Prosecutions in 20087 Illegal trapping case highlights profile ofmain offenders

The RSPB maintains a record ofprosecutions involving offencesagainst wild birds. In 2008, theRSPB was involved with orinformed of the prosecutions of52 individuals. These involved atleast 198 charges, the majority ofwhich were brought under theWildlife & Countryside Act 1981.

Prosecutions were taken by theCrown Prosecution Service,Procurator Fiscal, the RSPCA andNatural England (see AppendixVI). Of the 52 prosecutions, 43resulted in successfulconvictions on at least one

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RSPB covert surveillancecaptured gamekeeper DavidCook tending one of the illegaltraps on the SnilesworthEstate.

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Head gamekeeper James Shuttlewood (front) stands with WCO Mark Rasbeary during an investigationinto illegal trapping on the Snilesworth Estate.

Occupations and interests of 85 persons convicted ofoffences relating to bird of prey persecution (1996 to 2008)

Gamekeepers

Pigeon Fanciers

Farmers

Taxidermists

Unknown

Other

Bird keepers

Pest controllers

charge. Fines for the yeartotalled £8,500 and five peoplewere awarded custodialsentences (three of which weresuspended sentences).

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Live pigeon used as bait in one of the illegal traps.

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In April 2008, following aninvestigation by LincolnshirePolice and the RSPB (whichstarted in 2006), egg collectorRichard Pearson from PhelpsPlace, Cleethorpes received a23-week jail sentence (see alsoBirdcrime 2007).

At his address, 7,130 birds’ eggswere seized, including 653 fromSchedule 1 species such ashoney buzzard, Montagu’sharrier, stone-curlew, osprey andchough. RSPB analysis of diariesindicated that Pearson had takenmany of the eggs during theprevious 15 years, thoughdifferent collectors, including therecently deceased Colin Watson,had taken others.

Birdcrime 2007 reported on anincident in October that yearwhere 29 shot swans wererecovered from a pit by a lake inRadwell, Bedfordshire. From theevidence at the scene, it wasclear that the killings were partof a deliberate and organised actto eradicate swans from thisparticular lake. The mass gravealso contained a marsh harrierand grey heron, both of whichwere shot. A post mortemrecovered a bullet from one ofthe swans, which wasforensically compared to seizedfirearms. Three suspects werelater charged with killing theswans.

In late July 2008, only a few daysbefore the trial, the RSPB wasinformed by the Crown

Prosecution Service that thecase had to be discontinued afterthe Bedfordshire Police had losta rifle bullet removed from one

of the dead swans. This formed acrucial element, as it wasallegedly linked to a seizedfirearm. The defence laterclaimed costs of £44,000. Thiswas a disappointing outcome forone of the worst mass killingincidents the RSPB has beeninvolved with.

Bedfordshire Police conducted areview of the case after theRSPB raised several issues, andhave accepted there was aproblem with the handling ofproperty. They indicated thatimprovements will be made to the way future cases are handled.

“This was adisappointingoutcome for one ofthe worst mass killingincidents the RSPBhas been involvedwith.”

A case involving 29 shot swans recovered from a pit by a fishing lake in Radwell, Bedfordshire, had tobe discontinued at court after it was revealed police had lost vital evidence.

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The RSPB’s Mark Thomas withover 7,000 bird eggs seized fromthe home of Richard Pearson in2006. This was the largestseizure in over a decade. In 2008,Pearson was given a 23-week jail sentence.

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Largest egg seizure in last decade leads tojail sentence

Update on Bedfordshire swan massacre

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RSPB recommendation:UK Governments to secure the long term funding of the NWCU.

The RSPB has been highlyencouraged by thedevelopment of the NWCUand the establishment of UKWildlife Crime Priorities. Inorder to address these keyareas of concern, the RSPBbelieves the unit must beprovided with sufficientresources and guaranteedsecure long term funding.

National Wildlife Crime Unit2008 was a time of change, asHead of the NWCU Chris Kerrmoved on after six challengingyears, leaving a nationallyrecognised unit with funding inplace until 2010.

His replacement was Brian Stuart,a Detective Inspector fromLothian & Borders Police. He said:“This unique role carries theresponsibility for providing the UKwith an efficient and effectiveintelligence, analytical andinvestigative support capacity inrelation to wildlife crime. I aim tobuild on the excellent partnershipsthat have been fostered over thelast two years.” A significantboost for the NWCU was also the

RSPB recommendation:UK Governments to increasesupport for the recentlyannounced UK Wildlife CrimePriority to address raptorpersecution.

Despite raptors beingprotected by law for over 50years, raptor persecutioncontinues unabated in manyareas with severe conservationimpacts for a number ofspecies. The RSPB believesthe Government shouldprovide the National WildlifeCrime Unit (NWCU) withsufficient funding for a full-timepost to co-ordinate activitiesrelating to the 2009 UK Wildlife Crime Priority to tackle raptor persecution.

During the course of the year,several long-serving WildlifeCrime Officers (WCOs) retired,including Sergeant PeteCharleston, North Wales Police;Chief Inspector Graham Rankin,Durham Constabulary; DetectiveConstable Jerry Simpson,Norfolk Constabulary; and PoliceConstable Steve Harris,Merseyside Police. All havemade significant contributions tothe prevention and enforcementof wildlife crime issues and we

Review of 20088 Police Wildlife CrimeOfficers

appointment of Deputy Head SueEddy, a Senior Crime Analyst.

The six 2009/2010 priorities wereannounced at the February 2009PAW seminar by Huw Irranca-Davies MP. They are:• bird of prey persecution• illegal CITES trade• offences relating to freshwater

pearl mussels• bat crime• badger persecution• poaching

The RSPB is encouraged thataction will be taken against raptorpersecution and believes thisholistic approach is necessary tobring enforcement pressure onthose involved.

wish them well for the future. InScotland, we welcome theappointment of two new full-time WCOs in Police ConstableRuaraidh Hamilton for Lothianand Borders Police, and PoliceConstable Paul Barr for CentralScotland Police.

One of the most encouragingdevelopments in 2008 was thesecondment of Inspector NevinHunter, WCO for Devon andCornwall Police, to Chief Wildlife

RSPB recommendation: Her Majesty’s Inspectorate of Constabulary(HMIC) to conduct a thematic review of the enforcement of wildlifecrime in England, Wales and Northern Ireland. The RSPB believes thiswill complement work already undertaken in Scotland and help ensurethat minimum standards of investigation and prosecution of wildlifecases are established and followed across the UK.

Inspector in the WildlifeLicensing and RegistrationService at Animal Health. Nevinhas already made significantchanges to working proceduresand the RSPB believes this willhave positive, far-reachingimplications for the investigationof many wildlife offences. TheRSPB would like to acknowledgethe efforts of his predecessor,Nick Williams (Defra), who made a highly significant inputinto PAW.

WCO PC Graham Bilton witha seized finch trap

Scottish Thematic Review In 2007, there was high profilepublicity following the poisoningof a golden eagle in the ScottishBorders. This led to a debate inthe Scottish Parliament aboutwildlife crime. Following this, on16 April 2008 a report entitledNatural Justice: A Joint ThematicInspection of the Arrangementsin Scotland for Preventing,Investigating and ProsecutingWildlife Crime was published byHer Majesty’s Inspectorate ofConstabulary Scotland and theInspectorate of Prosecution inScotland.

This report highlights the needfor a clear wildlife crime

reduction strategy and for aninclusive national partnershipstructure to take this forward.The recommendations include:• That the Association of Chief

Police Officers in Scotlanddevelops and implements aminimum standard ofinvestigation to ensure thatwildlife crime is thoroughlyinvestigated throughoutScotland and the skills ofsupporting agencies areappropriately used.

• That each Scottish policeforce designates a lead seniorofficer to oversee wildlifecrime issues and progressthem locally.

• That each police force in

Chris Kerr headed the NWCU for six years

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Scotland has a full-timewildlife crime co-ordinator to act as a focal point forinvestigations and partnership working.

• That there is fullimplementation of the statedspecialist wildlife prosecutorrole within the Crown Officeand Procurator Fiscal Service.

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PAW Partner of the Year Award The winners of the 2008 PAWPartner of the Year Award werethe Conventions and Policysection of Kew. Huw Irranca-Davies MP presented them withthe award at the February 2009PAW seminar. It is a rewardingaccompaniment to the 250thanniversary celebrations takingplace at Kew Gardens this year.

Partnership for Action AgainstWildlife Crime Scotland(PAWS)Following the publication of the2008 report into the JointThematic Inspection of wildlifecrime in Scotland, workcommenced to create sub-groups for PAWS. ScottishEnvironment Minister MichaelRussell MSP chaired meetings ofthe Executive and PlenaryGroups. The sub-groups willcover: • funding• media• legislation, regulation and

guidance• training and awareness• information and intelligence

sharing

All sub-groups of PAWS metduring 2008 and work willcontinue under the new ScottishEnvironment Minister RosannaCunningham MSP.

PAW CymruThe Welsh wildlife crimeconference was held inLlandrindod Wells in January2008. Jane Davidson, the

Minister for environment,sustainability and housing in theWelsh Assembly Governmentannounced the Welsh Police’swildlife crime priorities as: • the damage done to Sites of

Special Scientific Interest byrecreational off-road vehiclesand illegal burning

• unlawful developmentaffecting European ProtectedSpecies such as great crestednewts, dormice and otters.

In 2008, the WelshEnvironmental Strategy ActionPlan was launched and a WildlifeCrime Officers’ (WCOs)foundation course was run inNorth Wales. WCOs wereinvolved in a four-part wildlifecrime documentary for BBCWales.

PAW Northern Ireland (PAW NI)In 2008, the PAW NI steeringgroup established itself andincreased its membership. MikeMeharg (Northern IrelandEnvironment Agency) wasappointed as the chair of thegroup following the retirement ofJohn Milburne. Awareness ofwildlife crime has improvedwithin the Police Service ofNorthern Ireland (PSNI) due toregular articles in the PSNInewsletter and provision oftraining and advice by WCOEmma Meredith. The NWCUhelped the group consider workpriorities and these will be set in2009. The Environment Ministerhas undertaken to introducecustodial sentences and increase

pre-consultation work• Marine Bill enforcement

measures • pressing for review and

consolidation of Part I of theWildlife and Countryside Act.

The need to consolidate andsimplify current wildlife crimelegislation has beencommunicated to Government,and a legislative opportunitywithin the Parliamentarytimetable is being sought. The other pieces of work are ongoing.

PAW publicity groupThe group met quarterly in 2008,its role being to support thePartnership, raise awareness ofwildlife crime issues andpromote wildlife lawenforcement. During 2008, acommunications protocol wasdeveloped to help raiseawareness of wildlife crime. Copies can be obtained via e-mail request toWildlife.Press@defra.gsi.gov.uk Following a review of the WWF-sponsored Wildlife Law Enforcerof the Year Award, staff from awider range of statutoryenforcement agencies are now eligible.

Training and conference groupThe group organised thetwentieth annual UK Police andCustoms Wildlife EnforcementOfficers’ conference inNovember 2008 (see page 49).

Several training courses were run successfully during 2008, includingthe annual joint HM Revenue and Customs/Police CITES course atKew Gardens, attendees of which included Polish customs officers.Two WCO Foundation courses were held in Weathersfield, Essex.

In April 2008, the first WCO great crested newt training day was heldin Warwickshire, by the Herpetological Trust. Officers attending thecourse could attain NE licenses allowing them to conduct surveysassociated with wildlife crime investigations. The revised wildlife crime guide CD was published and updates to theWildlife Crime Factfile are to be released in 2009.

Partnership for Action Against WildlifeCrime (PAW)

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RSPB recommendation: UK Governments to increase support forthe Partnership for Action against Wildlife Crime (PAW).

PAW, chaired by Defra and the police, is a multi-agency body thatprovides an opportunity for statutory and non-statutory bodies towork together to combat wildlife crime. The RSPB believesincreased government support for PAW is needed andrecommends a full-time PAW co-ordinator to oversee the work ofthe partnership, co-ordinate media work and organise the UK Policeand Customs Wildlife Enforcement Conference.

Huw Irranca-Davies MP presents the PAW Partner of the YearAward to Noel McGough of Kew (right)

fines under the review of theWildlife (NI) Order 1985.

PAW Forensics Working Group(FWG)Since its inception in 1996, theFWG has produced many guidesand tools to assist enforcers inthe fight against wildlife crime.FWG members have also carriedout research projects. Thehighlights of 2008 were:• a forensic analysis fund was

set up. It is available for policeand customs officers to applyfor support in funding forensicor DNA analysis in wildlifecrime cases. Finances for thefund were kindly donated byTRACE Wildlife ForensicsNetwork, WWF, the RSPB andDefra. For further information,e-mail Brian Stuart of NWCU:forensics@nwcu.pnn.police.uk

• a research project to find areliable test to identify raminwood was completed. Thisdevelopment means manytests are quick and affordable.

PAW legal groupThe PAW legal group, with amembership comprised ofpolice, the Crown ProsecutionService, solicitors and a smallnumber of NGOs, met once in2008. A number of priority areasof work were identified thatincluded: • RIPA authorities, the question

of access onto land and theneed for powers to facilitatesurveying and monitoring

• exploration of theinvolvement of the group in

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The 20th Annual UK Police andCustoms Wildlife EnforcementConference was held in 2008.Over 170 delegates convergedon the Scottish Police College atTulliallan on 28 November to heardiverse presentations covering allaspects of wildlife crime from flytipping and tortoise trafficking tothe prosecution of gang mastersin the international ivory trade.

Proceedings were opened withaddresses from Chief ConstableRichard Brunstrom and ScottishEnvironment Minister MichaelRussell, who endorsed theimportance of overt politicalleadership in tackling wildlife

WWF Wildlife Enforcer of the Year Award 2008

The prestigious Wildlife Enforcerof the Year Award 2008 wasawarded to Acting PoliceSergeant Andrew Small. KentConstabulary’s first full-timeWildlife Crime Officer, Andrewhas been in post since 2005. Heplayed the lead role in the first

successful prosecution forcetacean disturbance in Englandand Wales. Sergeant Rob Taylorof North Wales Police receivedthe runner-up prize for Enforcerof the Year 2008, despite onlybeing in his first year of the post.

The UK Police and Customs WildlifeEnforcement Conference

crime. An update from HerMajesty’s Inspectorate ofConstabulary Scotland on theScottish Thematic Review led toa lively debate over the call for asimilar review for the rest of the UK.

Significantly, this was the lastConference for RichardBrunstrom. During his tenure asthe Association of Chief PoliceOfficers’ lead for wildlife crime,there have been a number of keydevelopments. These include theevolution and development ofthe NWCU, the introduction ofUK wildlife crime priorities,improved wildlife crime

recording, support for newlegislation and improved SSSIregulation. There have also beensecondments of police officers tothe Countryside Council for Wales,Animal Health, EnvironmentAgency and Natural England.

The RSPB would like toacknowledge Chief ConstableBrunstrom’s unstinting support forwildlife crime enforcement overthe last eight years. We lookforward to a similar workingrelationship with his successor,Chief Constable Richard Cromptonof Lincolnshire Police.

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WCO Sergeant Andy Small(right) from Kent receiveshis award from former ScottishEnvironment Minister MichaelRussell MSP.

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(Left to right) Deputy Chief Constable Ian McLeod, former Scottish Environment Minister MichaelRussell MSP, Chief Constable Richard Brunstrom.

RSPB recommendation: UK Governments to increase support forthe Wildlife Crime Officer (WCO) network. The RSPB believes thenetwork needs far stronger support and an increase in the number offull-time WCOs. There are still relatively few individuals withexperience in investigating wildlife crime.

5150

Legal issues: bird registration

Bird registrationThe biggest legislativedisappointment during 2008 wasthe Government’s dramaticweakening of the BirdRegistration Scheme (BRS)following changes to Schedule 4of the Wildlife and CountrysideAct. Schedule 4 listing requiresthat birds kept in captivity areringed, and registered with the Government.

The BRS, in conjunction withDNA testing, has reduced thelaundering of wild birds of preyinto captivity. Prosecutionrecords held by the RSPB showthat convictions of bird of preykeepers for offences involvingwild peregrines and goshawks

RSPB recommendation: UK Governments to update legislative provisions.

• Modernise the Control of Trade in Endangered SpeciesRegulations 1997 (COTES)

• Provide the necessary list of pesticides to enact possessioncontrols in England and Wales under Section 43 NaturalEnvironment and Rural Communities Act

• Renew and improve General Licences in England, Wales andNorthern Ireland to ensure consistency between countriesand full compliance with the Birds Directive.

averaged around four per yearfrom 1980 to 1992 – the yearthat the first case was broughtto court using DNA evidence.Since the last DNA-based case in1998, such convictions haveaveraged less than one per year.

Following the robbery of theBeeston Castle peregrine chicksin Cheshire (see page 30), theRSPB renewed its call on theGovernment not to weakenprotection for peregrines andother species. The RSPB believesthat de-listing will lead to morebirds being taken from the wildby unscrupulous bird keepers.Other confirmed and probableperegrine nest robberies during

2008 are further worrying signsof possible future trends.

Despite clear evidence of theenforcement value of Schedule 4and strong support from thepolice and the Joint NatureConservation Committee (theGovernment’s scientificadvisors), the changes came intoplace in England on 1 October2008. Defra reduced the list ofbirds on Schedule 4 from over 50species to just nine. Wales andScotland are expected to followsuit. The new list consists ofgolden eagle, white-tailed eagle,goshawk, honey buzzard, marshharrier, Montagu’s harrier andosprey. In addition, peregrinesand merlins are considered

“registered” if they have beenissued with CITES Article 10certificates.

The RSPB believes this is abackward step for wildlife lawenforcement. The use of the BRScombined with DNA profiling hasbeen probably the biggestwildlife-crime success story inthe last 20 years. It has a proventrack record of catching criminalsand reducing nest robberies. It isclear that CITES certificates arenot an effective replacement forregistration. Once birds are sold,the statutory agencies will beunable to trace them and DNAtesting will not be possible.

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COTES still in need of reviewIn 2003, Defra commenced a fullconsultation on The Control ofTrade in Endangered Species(Enforcement) Regulations 1997(COTES). Frustratingly, this issuehas continually been placed onthe back burner.

The RSPB believes an overhaul isurgently required. Improvementsneeded include possessioncontrols and specimen marking,as well as better police and DNAsampling powers. The recentacquittal of John Dodsworth (seepage 29) for his purchase of acabinet containing CITES-listedbirds’ eggs has highlighted yetanother potential weakness.At a CITES Enforcement Seminar

in London in August 2008, Chief Constable RichardBrunstrom described the UKenforcement response to CITESso far as "pathetic," with the lackof political pressure as a majorproblem. However, things haverecently improved, with UKwildlife crime priorities now setby the PAW High Level Group,the work of the NWCU, andInspector Nevin Hunterseconded as Chief WildlifeInspector in Animal Health.

At the conference, Defraannounced there would beanother COTES consultationfollowing an initial consultation

with key stakeholders, with aview to having the newregulations by autumn 2009.Assurances were given that the2003 consultation would betaken into account.

Based on past experience, theRSPB is not confident the newregulations will arrive in 2009and believes more politicalpressure is needed to take theprocess forward.

The RSPB and theGovernment’s scientific advisors– the Joint Nature ConservationCommittee – would like to seeincreased possession controlsfor critically endangered species,such as Lear’s macaw.

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Legal issues: trade controls

Pesticide possession controlsstill not law in England and WalesIn October 2006, a newpesticide possession offencewas introduced under Section 43of the Natural Environment andRural Communities Act 2006(NERC). Disappointingly, theGovernment has still notprescribed the relevant list ofpesticides for England andWales. This is despite thesuccess of similar legislation inScotland, where there have beenat least seven convictions. In 2000, the Government’s UKRaptor Working Group report toministers highlighted a loophole,which permitted anyone to storehighly toxic pesticides,irrespective of whether they had

been trained or had a legitimatepurpose. The reportrecommended possessioncontrols on pesticides involved inwildlife poisoning.

On 1 October 2004, Section 15A of the Wildlife and CountrysideAct brought in a Scottish pesticidepossession offence, and in March2005 the relevant list ofprescribed pesticides came intoforce. This included:AldicarbAlphachloraloseAluminium phosphideBendiocarbCarbofuranMevinphosSodium cyanideStrychnineApproved pesticides that are

intended for poisoning wildlifemay legally be stored byindividuals who have nolegitimate use for the products.

Section 43 would allow increasedcontrols on pesticides as theybecome “popular” with thecriminal fraternity. It wouldreduce administrative problemsinvolving triable either-wayoffences under the Food andEnvironment Protection Act(FEPA). There have beensignificant problems with theCrown Court dealing with FEPAmatters but being unaware ofserious summary wildlifepoisoning offences. The CrownProsecution Service may bereluctant to proceed with thesefollowing a FEPA conviction.

FEPA offences have no custodialoptions, giving the court fewersentencing powers. In 2008, agamekeeper was fined just £750for very serious FEPA offences.Section 43 would allow cases tobe heard in their entirety at aMagistrates court and provide awider range of sentencingoptions.

Illegal poisoning remains aserious problem. With the new2009 raptor persecution UKWildlife Crime Priority, the RSPBbelieves it essential that thestatutory agencies are given allthe necessary legislative tools.The RSPB believes Defra mustactivate Section 43 of NERC andproduce the prescribed list ofpesticides as soon as possible.

More controls in England and Wales are still needed to tackle peoplestockpiling pesticides intended for use in wildlife poisoning.

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5554

Legal issues: general licences

General licensesGeneral licences, issued annuallyunder Section 16 of the Wildlifeand Countryside Act, permitauthorised persons to kill certainbird species for specificpurposes (e.g. to prevent seriousdamage or disease) without theneed to apply for a licence. TheRSPB accepts the principle ofthese licences, but believes thatchanges are necessary if theyare to be fully compliant with theEU Birds Directive. We arecalling on licensing authorities to:• list species only if there is

demonstrable evidence of aserious and widespreadproblem, and if theirconservation status will notbe compromised. It is notappropriate for species of

conservation concern, such asherring gull and starling, to belisted on general licences

• develop a means ofmonitoring the levels andmethods by which wild birdsare killed or taken undergeneral licences. At present,the UK is unable to meet itsreporting obligations underthe Birds Directive, as returnsare rarely a condition ofgeneral licence use

• review the terms, conditionsand guidance notes to ensurethey state explicitly thepurpose of the licence, theobligations of licensees and penalties for non-compliance

• review the conditionssurrounding the use of cage

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Legal issues: cross compliance

Herring gull is a species now on the red list ofconservation concern. The RSPB believes it is nolonger appropriate for species such as this to becontrolled under the terms of general licenses.

traps. Long term observationsby the RSPB have showedwidespread misuse andabuse of cage traps. Inaddition to trap users failingto meet welfare standards,there have been numerouscases of raptors, caught asnon-target species, beingkilled rather than released.

Welcome improvements weremade in 2008 to the ScottishGeneral licences, including acondition preventing anyoneconvicted of an offence underwildlife protection or welfarelegislation from operating underthese licences. We hope thatNatural England and the WelshAssembly will adopt this andother improvements.

Cross complianceUnder the Common AgriculturalPolicy, payments can be providedthrough the cross compliancescheme. However, the