BIRDCRIME2010Offences against wildbird legislation in 2010

ContactsContacts

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 Headquarters2 Lochside View, Edinburgh Park, Edinburgh, EH12 9DHTel: 0131 317 4100

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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Contents

Foreword 2

Comment 4

Summary of reported incidents 2010 6

RSPB recommendations 8

Poisoning 10

Shooting and destruction of birds of prey 14

Map of confirmed UK bird of prey persecution and poisoning incidents 14

Egg collecting and disturbance 26

Trade in wild birds and taxidermy 30

Prosecutions 36

Review of 2010 42

National Wildlife Crime Unit 42

Partnership for Action Against Wildlife Crime 43

Legal issues 44

International update 48

Appendices 50

Appendix I – Incidents reported to the RSPB 2005–2010 51

Appendix II – Regional breakdown of incidents reported in 2010 52

Appendix III – Confirmed and probable bird of prey and owl persecution during 2010 55

Appendix IV – Confirmed poison abuse incidents during 2010 59

Appendix V – Schedule 1 nest robberies during 2010 61

Appendix VI – Wild bird-related prosecutions in 2010 62

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Since taking up my new postearlier this year, I have beenprivileged to watch birds of preyin their natural haunts, be itsparrowhawks hunting thehedgerows of the RSPB’s arablefarm in Cambridgeshire, or henharriers quartering Langholmmoor in the Scottish Borders.The sparrowhawk is aconservation success story –legal protection and strictcontrols on damaging pesticideshave enabled it to recolonise itsformer range. Its presence tellsme that we are getting it right onour farm – wildlife-friendlyfarming creates the conditionsfor healthy populations of smallerbirds, which in turn permithealthy populations of theirpredators. Indeed in ten yearswe have tripled the number offarmland birds at our commercialfarm without resorting topredator control.

The hen harrier, by contrast, hassuffered a significant setback inits recovery according to the

results of a recent UK survey. Itis on the brink of extinction as abreeding bird in England. The UKgovernment, in a recent JNCC-published report, identifiespersecution as the reason forharriers being absent from largetracts of their natural range in theUK. This includes large areas ofthe UK’s uplands managed fordriven grouse shooting.

At about the same time, theEuropean Commission adopted anew strategy to halt the loss ofbiodiversity in the EuropeanUnion by 2020 and restore itwhere feasible. This commitmentwas reinforced at the conferenceof the parties to the conventionon biological diversity in Japan atthe end of 2010. This ambitionneeds to be reflected in thepolicies and actions of thegovernments of the countriesthat make up the UK. And wherebetter to begin than with thoseof our iconic birds of prey,including golden eagles, henharriers and peregrines, whichcontinue to suffer at the hands ofhumans. This issue of Birdcrimeprovides evidence for thecontinuing scale of thepersecution problem, and thetypes of sickening actions thatsome people are prepared totake against birds of prey.

The challenge is clear andurgent. If governments acrossthe UK cannot secure the statusof birds like the hen harrier –birds that receive the highest

level of protection underEuropean and UK law – they willhave failed to honour theirbiodiversity commitments. TheUK will have failed as acontracting party to theConvention on BiologicalDiversity and signatory to the ECbiodiversity strategy, and mostimportantly, it will have failed us.I understand, even if I do notaccept, the continued absence ofgolden eagles and hen harriersfrom large parts of our uplands.But how do I explain theirabsence to my children?

Small steps in the right directionhave been taken. New wildlifelegislation in Scotland andNorthern Ireland is welcome andshould make a difference, ifproperly enforced. The long-termfuture of the National WildlifeCrime Unit remains uncertain,but funding has at least beensecured for the next two years.The RSPB will continue to be achampion of birds of prey, andwork with willing partners toconserve birds like the henharrier where we can. Thequestion that the UKGovernment and its devolvedadministrations must answer iswhether they will, collectively,step up for nature and ensurethat birds of prey co-exist withpeople. Surely, as we size up the2020 challenge, that must be ourminimum ambition?

Martin Harper, Conservation Director

ForewordGrahame Madge (rspb-images.com)

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ContentsGolden eag

le by Mark S

isson (rsp

b-images.co

m)

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As the lead for the police servicein England, Wales and NorthernIreland on wildlife crime, I amvery pleased to be asked toprovide this Comment forBirdcrime 2010.

The past 12 months have onceagain provided evidence thatcriminals continue to target birdsof all species. Their reasons fordoing so appear to be varied butare all completely unacceptable.Of particular concern are thoseoffences that target or involveraptors and which affect theconservation status of thosebirds and it is quite right that thepolice should consider suchoffending as a matter of priority.

The police service is absolutelycommitted to bringing those whocommit wildlife crime to justice.The past 12 months has, Ibelieve, shown ample evidenceof such commitment withsignificant convictions having

been obtained for offencesincluding the taking of peregrineeggs, the illegal use of cagetraps and the illegal use of poletraps. These cases have onlybeen brought to convictionthrough a professional workingrelationship with the CrownProsecution Service and ofcourse the RSPB, without whoseevidence many of these casescould not have progressed. Thecourts are also showing veryclearly their views on suchbehaviour with what I hope willbe seen as dissuasive penalties,including the custodialsentences.

In early 2011, the UK wildlifecrime priorities were reviewedand I was not surprised whenraptor persecution was onceagain identified for inclusion.The level of offending againstperegrine falcons and its impacton populations has led to itbecoming one of the priorityspecies, joining hen harrier, redkite, goshawk, golden eagle andwhite-tailed eagle.

The police service, along withmany other organisations, faceschallenging times. We do,however, remain committed toensuring that those who commitserious wildlife crimes arebrought to justice.

Richard Crompton, ChiefConstable, Lincolnshire Police,and ACPO lead on wildlife crime

Comment

Courtesy of Lincolnshire Police

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Peregrine by Edwin Kats (rsp

b-images.co

m)

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This report summarises offencesagainst wild bird legislationreported to the RSPB in 2010.Further copies are available onrequest from the RSPBInvestigations Section at TheLodge, Sandy, BedfordshireSG19 2DL, or from the RSPBwebsite (www.rspb.org.uk).

Since 2009, Birdcrime reportshave not included a ”total”reported figure for all categoriesof wild bird crime. The policeNational Wildlife Crime Unit(NWCU) now receives data onincidents of all wild bird crimesfrom police forces across theUK, as well as from the RSPBand RSPCA. This enables theNWCU to publish a total figurefor wild bird crime in the UK inits annual report, at the end ofeach financial year. With thisprocess now in place, RSPBInvestigations staff are able tofocus their finite resources onwild bird crime affecting speciesof high conservation concern,and crime that is serious andorganised.

Incidents are recorded in threecategories:

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.

Summary of reported incidentsin 2010

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.

During 2010 the RSPB received:

• 128 reports of poisoningincidents, including 69confirmed incidents of abuseinvolving the poisoning of atleast 129 individual birds oranimals (see Appendix IV).

• 227 reports of shooting anddestruction of birds of prey,with the confirmed shootingof at least 28 individual birdsof prey.

• 40 reported egg-collectingincidents, including 12confirmed and eight probablenest robberies from Schedule1 species; 31 reports related to illegal disturbance or photography of Schedule 1birds.

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

• 63 reports of illegal taking,possession or sale of wildbirds other than birds of prey,predominantly finches.

It is believed that thesepublished figures represent onlya fraction of the number ofincidents regarding eachcategory, as many remainundetected and unreported,particularly those that occur inprivate and remote areas.Persecution continues to have aconservation-level impact onseveral priority species, such asgolden eagle and hen harrier.

The UK breakdown of reportedbird of prey persecutionincidents published in this reportshow that 67% occurred withinEngland, 24% in Scotland, 4% inWales and 4% in NorthernIreland (1% occurred in anunknown location in the UK).

In 2010, the RSPB receivedinformation on 49 individualprosecutions involving wild birds.These cases involved a total of atleast 242 charges, of which 182were proven. Fines for the yeartotalled £20,305 and 14 peoplewere given prison sentences (11of which were suspendedsentences).

Birdcrime figures may vary fromother published reports. This isbecause data sets compiled fordifferent purposes, using verydifferent methods, are unlikely tobe directly comparable. The RSPBhas been recording wildlife crimesfor several decades and hasdeveloped a consistent recording

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format to allow longer term trendsto be detected. Government datarely on a police recording system,which cannot currently recordcrimes against wild birds in aconsistent way across the UK.Consequently, there will be somevariation in how incidents arerecorded, assessed andcategorised. For example, theRSPB is currently the only agencyto have a standardised method of

reporting wildlife poisoning casesfrom information published by theUK government, which is suppliedas pesticide analysis data ratherthan crime data.

Because of the ad hoc nature ofthe way in which offences arediscovered, the conclusions thatcan be drawn from annual crimefigures alone (however they arecompiled) will always be limited.

A much more complete (andstatistically robust) picture of theimpact that these crimes have canbe gauged through the systematicstudy of bird populationsthemselves. For example, the“framework” analyses of goldeneagle by Scottish Natural Heritage(see Birdcrime 2009) and henharrier by the Joint NatureConservation Committee (seepage 20) are both rigorous long-term studies that demonstrate thesevere effects that illegal killing iscontinuing to have on nationalpopulations of these species.

Acknowledgements:In addition to informationreceived from members of thepublic, the RSPB would like toacknowledge the followingorganisations who have supplieddata used in this report:

• All UK police forces• The National Wildlife Crime

Unit (NWCU)• The Chemicals Regulations

Directorate (CRD); Food andEnvironment Research Agency(FERA); and Science andAdvice for Scottish Agriculture(SASA)

• Royal Society for Prevention ofCruelty to Animals (RSPCA)

• Scottish Society for Preventionof Cruelty to Animals (SSPCA)

• Raptor Study Group Workers• Predatory Birds Monitoring

Scheme (PBMS)

White-tailed

eagle by Stig Frode Olsen

RSPB recommendations on prioritiesfor government action

Monia33 (iStockphoto.com)

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Subject

GradeComments

Commitment from all UK governments to maintain

legal protection for all birds of prey and to

improve its enforcement

C Legal protection maintained

but enforcement remainsinadequate

Conduct a full review of the enforcement of

wildlife crime in England and Wales, and fully

implement the recommendations of the thematic

review in Scotland.

C+ No progress in England but

good progress in Scotlandand Wales

Secure the long-term funding for the NWCUA- Funding secured until 2013 –

but not beyond

Increase support for the UK Wildlife Crime Priority

to tackle raptor persecution and address

inadequate law enforcement

DLittle progress in Englandand Wales. Some recentimprovement in NorthernIreland and Scotland

Add peregrine to the species covered by the raptor

persecution wildlife priority

AExcellent work

Increase effectiveness and profile of the

Partnership for Action Against Wildlife Crime (PAW) CSatisfactory progress

Introduction of a vicarious liability offence to make

managers and employers responsible for the

actions of their gamekeepers

C+ Excellent progress north of

the border but no progress

elsewhere

Improve recording and reporting of wildlife crime

and make the killing of birds of prey a recorded

crime

DRaptor persecution still not a

recorded crime; statutorydata collation improving but

lacks consistency

Update legislative provisions in England, Wales

and Northern Ireland, including controls on

possession of pesticides

CNew legislation in place for

NI, but no progress withpesticide controls in England

and Wales

Work with the European Union to strengthen the

penalties available under cross compliance so that

anyone contravening EU Wildlife Directives faces

having their single farm payment withdrawn.F

No evidence of any progress

Modernise the regulation of game shootingE Debated by the Scottish

parliament but no progress

elsewhere

Overall Grade

C Some progress made but needs to Step up for Nature!

Birdcrime 2009 published alist of recommendations thatthe RSPB believed the UKgovernment should takeaction on to assist in thefight against wild bird crime.How well has it fared?

HM Government Year 2010

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The report card shows thatsome progress has been made,but more needs to be done.Here are the priorities webelieve Government shouldfocus on during 2012.

2011 recommendations

•Give sufficient priority to wildlife crimeduring implementation of the UKpolicing review and increase support forthe Wildlife Crime Officer network (seepage 42)

•Government and the police to adopt aproactive role in achieving raptorpopulation recoveries (see page 21)

•Rigorously manage and enforce theEuropean Union’s wild bird importregulations (see page 33)

•Increase the enforcement effortcombating migrant bird trapping atSovereign Base Areas on Cyprus (see page 48).

And here are last year’s again,where progress has been poor:

• Conduct a full review of the enforcement ofwildlife crime in England, and fullyimplement the recommendations of thereviews in Scotland and Wales (page 22).

• Increase support for the UK Wildlife CrimePriority to tackle raptor persecution andaddress inadequate law enforcement (p 25).

• Introduction of a vicarious liability offence tomake managers and employers responsiblefor the actions of their gamekeepers (p 45).

• Improve recording and reporting of wildlifecrime and make the killing of birds of prey arecorded crime (page 11).

• Update legislative provisions in England,Wales and Northern Ireland, to includecontrols on possession of pesticides (p 12).

• Work with the European Union tostrengthen the penalties available undercross-compliance so that anyonecontravening EU Wildlife Directives faceshaving their single farm payment withdrawn(page 39).

• Modernise game shooting regulation (p 17).

EllenMoran (iStockphoto.com)

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In 2010, there were 128 reportedincidents of wildlife poisoningand pesticide-related offences.This is lower than the 153incidents in 2009 and below theaverage for the last five years(2005–2009 average of 150incidents).

There were 69 incidents whereabuse of a pesticide wasconfirmed by analysis of victimand/or bait (2005–2009 averageof 74 confirmed abuse incidents).The confirmed abuse incidents in2010 involved the poisonings ofat least 129 individual birds oranimals.

Whilst the number of confirmedincidents was slightly below theaverage, 2010 involved a numberof very serious poisoningincidents. This included fourgolden eagles and a white-tailedeagle in Scotland, a golden eaglein Northern Ireland and 20 red

kites throughout the UK. Therehave been 45 golden eaglesconfirmed as being illegallypoisoned since the inception ofthe Wildlife and Countryside Act1981 (though the actual figurewill undoubtedly be far higher).The four Scottish birds made2010 the second worst year onrecord during that period (1988five birds). Tragically, December2010 also saw the first goldeneagle poisoned in NorthernIreland in living memory. Thiswas a bird originally fromScotland and released in theRepublic of Ireland as part of are-introduction project.

In addition to the 69 confirmedpesticide abuse incidents, therewere also five confirmedincidents of illegal possession ofpesticides connected withwildlife poisoning. There were25 incidents of birds of preycontaining second generation

rodenticides. Some of these leddirectly to the death of the birds;in other cases they containedsub-lethal levels of theseproducts and the birds died fromother causes.

When examining which pesticidewas involved in each of theconfirmed abuse incidents, itwas found that the trend fromprevious years has prevailed andthe most commonly abusedpesticide was carbofuran,banned in the UK since 2001,with 36 confirmed incidents.

All wildlife poisoning data issupplied by the UK government.The RSPB remains the only bodyto present the pesticide analysisdata in a standardised format toreflect actual wildlife crimeincidents. Consequently, theremay be some minor variation onhow data is presented by otheragencies.

Poisoning1G

Sho

rroc

k (R

SP

B)

RSPB staff recovered thispoisoned peregrine from anest ledge in Gloucestershire

Statutory efforts to recordwild bird offences remaindisjointed and inconsistent.Whilst crimes such as minortheft are recorded by theHome Office, seriousconservation offences, suchas the poisoning of thesegolden eagles, are not.

RSPB recommendation:Improve recording andreporting of wildlife crimeand make the killing of birdsof prey a recorded crime.

1111

A gamekeeper wasconvicted after a recordhaul of banned poison was found on a grouseshooting estate.

On 5 May 2010, a group of hillwalkers found the body of agolden eagle, hanging from alarch tree at the edge of a forestin eastern Sutherland. Unknownto them, only three dayspreviously, another dead goldeneagle had been found, only acouple of miles away, by a raptorstudy group worker undertakingfieldwork on the Skibo Estate.The police were contacted,and the carcasses sent forpost-mortem.

It is exceedingly unusual to findone dead eagle. To find two,close together, in the space ofthree days, was highlysuspicious. With this in mind,Northern Constabulary officersalong with RSPB ScotlandInvestigations staff visited SkiboEstate on 7 May. On the summitof a hill, directly above wherethe second dead eagle wasfound, the carcass of a redgrouse was staked out, with apiece of wire through its neck.Right next to it, was the body of a sparrowhawk. Moreshockingly, however, was thediscovery of the contorted bodyof a third dead golden eagle,some 200 m away. It was nosurprise that, subsequently,

Three golden eagles poisoned

tests by the Science and Advicefor Scottish Agriculture (SASA)laboratory revealed that two ofthe eagles, the sparrowhawk andthe bait contained traces of thepesticide carbofuran, illegal inthe UK since 2001. The thirdeagle had also been illegallypoisoned, with aldicarb, anotherbanned pesticide.

On 8 May, a search warrant wasexecuted on various buildings onthe estate, in a multi-agencyoperation, led by NorthernConstabulary, and includingRSPB staff. Inside one of thesheds, within a lockedstoreroom, used exclusively bythe estate shooting managerDean Barr, a tub containing 10.5 kg of carbofuran wasdiscovered. This was the largestever seizure of illegal poisonmade in Scotland. The amount ofthe pesticide in Barr’spossession was enough topoison the entire Scottishpopulation of birds of prey sixtimes over.

Barr appeared at InvernessSheriff Court on 26 May 2011,and was convicted of possessinga banned pesticide. He was fined£3,300. The Sheriff said that, hadhe been found responsible forthe birds’ deaths, he would havefaced a custodial sentence. No-one has been charged withkilling the eagles or thesparrowhawk, or with setting the poison bait.

Case studies

Northern C

onstabulary

One of three poisoned goldeneagles found on the SkiboEstate, which led to a recordhaul of poisons being seized.

Controls on the possession of pesticides form an important toolin the fight against illegal poisoning in Scotland, yet are notcurrently available elsewhere in the UK. Creating a list ofprescribed ingredients under Section 43 of the NERC Act 2006and Section 15 of the Wildlife and Natural Environment Act (NI)2011 is a straightforward and vital step in the right direction.

RSPB recommendation:Update provisions in England, Wales and Northern Ireland, tocreate controls on possession of pesticides.

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In recent years, Derbyshire hasbecome synonymous with theillegal persecution of birds ofprey. Whilst most incidents relateto the northern Peak District, aserious spate of poisonings tookplace in the south of the countyin early 2010.

In February 2010, two deadbuzzards were found near thevillage of Idridgehay, lyingalongside a chicken carcase.The birds were collected byNatural England.

Following on from this, in earlyApril 2010, the bodies of fourdead buzzards were found lyingnext to the remains of a deadpheasant on nearby farmland atKirk Ireton. A joint investigationinvolving Derbyshire Police,Natural England and the RSPBwas launched. Analysis of thebuzzards indicated that all six haddied from deliberate carbofuranpoisoning with the pheasant andchicken remains being confirmedas poison baits. A joint pressappeal was issued, offering areward for information leading toa conviction. Following theappeal, several premises weresearched by Natural England andDerbyshire Police, but withoutsuccess.

Derbyshire buzzard poisonings

PC Cooper of Derbyshire Police withfour buzzards poisoned by carbofuran.

Mark Thomas (RSPB)

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It is not only birds of prey in thecountryside that fall victim to theindiscriminate nature of poisonbaits. In a bizarre incident inMarch 2010, more than 90 birdsincluding geese, moorhens,ducks and coots, as well as a petdog were killed in a London park.

Investigations by theMetropolitan Police’s WildlifeCrime Unit determined that twopest control officers for NewhamCouncil were responsible for thedeaths. During a lunch breakthey had placed bread they hadbaited with an insecticide stolenfrom work on the ground atAlexandra Lake, Wanstead Flats,in East London.

On 18 October 2010 atSnaresbrook Crown Court,Terrence Webb of PeregrineRoad, Ilford, and Mark Page ofWhite Hart Lane, Romford, bothpleaded guilty to two chargesunder the Theft Act 1968 andtwo charges under the Control ofPesticides Regulations 1986. Themen were each sentenced tofour months’ imprisonment andfined £7,000 with a further fourmonths’ imprisonment shouldthey default on the fines.Both men were sacked byNewham Council.

PC David Flint of theMetropolitan Police’s WildlifeCrime Unit said, “This is by far

the worst incident of wildlifepoisoning my unit hasinvestigated. These men showeda complete disregard for publicsafety with the indiscriminateuse of dangerous chemicals.They derived personalamusement from the death ofbirds and caused the death of apet dog. I believe we were luckywith this case in that there wasnot a serious injury or evenfatality to a child.”

Ninety wild birds and a dog poisoned

The aftermath of poisoned bread deliberately placed beside a public lake.

Natural E

ngland

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Shooting and destruction ofbirds of prey 2

Note: the numberof mappedincidents is fewerthan the numberreported, as notall incidents canbe allocated a gridreference. Wheremore than oneincident occurredin the same 10 kmgrid square, therelevant symbolshave been movedslightly for clarity.

Confirmed bird of prey and owl shooting, destruction and poisoning incidents 2010

Incident

Illegal pole/spring trapping (15)

Illegal trapping other (8)

Nest destruction (4)

Persecution other (2)

Poisoning (62)

Shooting (26)

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In 2010, there were 227 reportedincidents of illegal shooting,trapping and nest destruction ofbirds of prey (see Appendix I).This is lower than the 277incidents reported in 2009, andslightly below the last five-yearaverage (2005–2009 average of230 reported incidents).However, the number ofconfirmed incidents was 55,which is slightly higher than thelast five-year average(2005–2009 average of 48confirmed incidents).

Of the 227 reports, 55 wereconfirmed and 76 were probable.The most commonly reported

awareness of unacceptablyhigh levels of bird of preypersecution and to press forgovernment action to tacklethese crimes and reduce theircauses. In February 2010 wehanded more than 210,000signatures in to the Houses ofParliament on behalf of all thepeople who signed the pledgesaying the persecution ofbirds of prey must stop. Someprogress has been made inresponse, particularly by theScottish government, but itremains insufficient toeffectively tackle ongoingcriminality against birds ofprey across the UK.

crime was shooting, with 121reports of incidents involving theshooting or attempted shootingof raptors and owls. Of these, 26 were confirmed (involving 28 birds) and a further 36 wereprobable.

There were 14 reported incidentsrelating to destruction of birds ofprey nests, eggs or chicks (fourconfirmed), 50 reported incidents(23 confirmed) in relation to theillegal trapping of birds of preyand a further 42 reportedincidents of other offences.

In 2008, the RSPB launched itsBird of Prey Campaign, to raise

G Shorrock (R

SPB)

Spring traps illegally set on a peregrine nest in Staffordshire were removed by the RSPB.

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RSPB concerns about raptorpersecution in the Peak Districthave been well documented inrecent years. The publicationPeak Malpractice in 2006showed how raptor numberswere crashing in parts of thearea. However, the situation inthe northern part of the DarkPeak is now worse than ever,particularly in the DerwentValley. The population andbreeding success of goshawksand peregrines has collapsedthere in the last five years.

Faced with the terrible resultsfrom the 2009 breeding season,

a fieldworker was deployed therein the spring of 2010 to locateand check cage traps. Althoughthese traps are lawful whenusing live crow decoys to attractother crows, they can bemisused to enable them tocatch raptors.

In April, a discreetly placed trapwas found to contain a femalepheasant, a non-target speciesthat would be attractive to alarge bird of prey such as agoshawk. It soon became clearthat the trap was not beinginspected daily, that the waterand food provision was

G Shorrock (RSPB)

inadequate and that thepheasant had not been removed.After a few days it becameapparent that the pheasant haddeveloped a head injury. It wastaken by the RSPB to a vetwhere it had to be put down.

On 18 May the same trap wasfound to contain a whitedomestic pigeon. This was aclear sign that it was being usedto catch birds of prey. The trapalso contained other featherssuggesting another white pigeonhad been in the trap recently andhad been predated, presumablyby a bird of prey. The live pigeon

Cage trap onHowden Moor,Derbyshire,containing a livepigeon bait.

Glenn Browncaught on covertcamera attendingthe cage trap.

Peak District gamekeeper convicted by RSPBcovert film evidence

Case studies

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was uniquely marked by RSPBofficers to be certain it was thesame bird present each day. On20 May, the covert camerascaught local gamekeeper GlennBrown attending the trap. Furtherevidence was secured when asearch of the immediate areafound the bodies of anotherwhite pigeon and asparrowhawk. Finally, on 22 May,the cameras caught a manwearing a full face balaclava andcamouflage fatigues entering thetrap and releasing the pigeonwhich flew off. The man thendisarmed the trap.

Given the RSPB evidence,Derbyshire Police executed asearch warrant at the home ofGlenn Brown, led by WCO SgtDarren Belfield. The mostsignificant item found during thewarrant was a white domesticpigeon in Brown’s pigeon loftbearing the unique markingsgiven to the bird in the cage trapby the RSPB. Other items seizedincluded a shotgun identical tothat which Brown was carryingwhen he attended the cage trapand a full face balaclava. Brownwas arrested and interviewedbut declined to make anycomment, despite being shownclips of the covert footage.

Brown was charged with sevencounts under the Wildlife andCountryside Act 1981 and theAnimal Welfare Act 2006. The

charges related to the illegal useof the cage trap, taking asparrowhawk, possession ofpigeons for the purpose ofcommitting an offence, causingunnecessary suffering and failingto meet the needs of an animalunder his control.

On 13 June, following a 10-daytrial at Chesterfield Magistrates’Court prosecuted by CPSbarrister Rod Chapman, DistrictJudge Caroline Goulbourn foundBrown guilty on all counts. Sheruled that Brown has beenoperating an illegal hawk trap totake birds of prey. Furthermore,she ruled that she viewed theattack on the integrity of theRSPB investigations staff byBertie Woodcock QC on behalf ofKnights Solicitors as anaggravating factor in the case. Inaddition, she criticised Brown’semployer, Geoff Eyre, wholeases Howden Moor from theNational Trust, for being evasiveand reluctant to answerquestions.

Brown was handed down a 100 hour community punishmentorder and was ordered to pay£10,000 costs. He was bannedfrom keeping pigeons for fiveyears and had his pigeons andloft confiscated.

Brown has since indicated hisintention to appeal against hisconviction.

There is currently nolicensing system for thosewho shoot or provideshooting services in theUK. This hampers efforts totarget those responsiblefor persecuting birds ofprey effectively. A numberof options could provide asignificant deterrentwithout imposing a burdenon the law-abidingmajority. These couldinclude removing shootingrights from a personconvicted of bird of preykilling or otherenvironmental crimes; orremoving shooting rightsfrom an estate for a fixedperiod, if an employee isconvicted.

RSPB recommendation:Modernise the regulationof game shooting.

RSPB

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Ospreys are widely distributedacross the world but onlyrecolonised Scotland in the1950s after persecution hadpreviously driven them toextinction in Britain in 1916.Helped by intensive nestprotection measures, theScottish population has slowlyincreased and is now wellestablished, providing a majortourist attraction and bringing awelcome income to the ruraleconomy.

A reintroduction scheme, aimedat extending the osprey’s rangeto England, began at Rutland

Water in 1997. There are nowmore than 200 breeding pairs ofospreys in the UK, the majorityin Scotland but with smallnumbers breeding naturally inEngland and Wales. Thankfullyospreys no longer sufferwidespread persecution butevents in 2010 shockedconservationists and were atimely reminder of this bird’sdark history here.

Two ospreys missing inLeicestershireIn April 2010, two male ospreyswent missing at Rutland Water insuspicious circumstances. Both

Seerscroft Veterinary Centre

birds were breeding adults fromthe reintroduction project and,significantly, both had beenfishing in the same area just offthe reservoir. Tim Appleton, theReserve Warden at RutlandNature Reserve believed it was a “huge coincidence” for twoterritorial ospreys to havedisappeared within a week ofeach other in the same area. Headded, “This is totally out ofcharacter for birds that we’veknown all these years, whichhave migrated safely down toAfrica, avoiding all the perils ofmigration and everything thatgoes with it.” It is the first time

The dead osprey found at Golden Cross, West Sussex.

Ospreys back on the hit list

1919

any of the birds have gonemissing since the reintroductionproject began in 1997.Consequently, it was concludedthat both birds may havebeen shot.

Osprey shot in CaithnessOn 13 September, a juvenileosprey was found alive but withshotgun injuries on the RiverDunbeath, Caithness, Scotland.The bird was first noted by localresidents and then rescued bythe SSPCA. Sadly, despitetreatment from a local vet, thebird died whilst in care. TheRSPB and Northern Constabularyput out an appeal for information.

Osprey shot in LincolnshireOn 2 October, a freshly deadjuvenile osprey was picked upnear a fish farm at HundonManor, Caister, Lincolnshire.Veterinary analysis indicated thatthe bird had been shot twice bya shotgun. The bird was wearinga Swedish ring and enquiriesindicated it had been ringed as achick in June 2010 in a nestcontaining three chicks atSpjutholmen, Sweden. The RSPBand Lincolnshire Police issued apress release and offered a£1,000 reward leading toconviction.

Osprey shot in SussexIn mid October 2010, anotherjuvenile osprey, also wearing aSwedish ring, was found alivebut suffering from shot injuries atGolden Cross, Sussex. Sadly the

bird died during veterinarytreatment. Analysis showed thatits injuries were recent and hadincapacitated the bird at thelocation. This bird had beenringed as a chick in theFärnebofjärden National Park,Sweden, in June 2010.

Commenting on both of thesebirds, Lina Jansson, of TheSwedish Bird Ringing Centre,said, “We are saddened to hearabout the death of the ospreychicks, particularly so becausethey had only been alive for afew months and had madeamazing North Sea crossingsbefore being shot”.

Osprey with shot damage in YorkshireFinally, in October 2010 anosprey with a large piece of wingmissing was seen on migrationheading south over Spurn Pointin East Yorkshire. This bird hadalso undoubtedly been shot at anunknown location.

This shocking catalogue ofincidents shows that, despite thehuge progress that has beenmade in re-establishing ospreysto the British Isles and theimmense pleasure they give tomany people, it is still too earlyto call osprey persecution a thingof the past.

Osprey

Peter Cairns (rsp

b-images.co

m)

2020

A report by the Joint NatureConservation Committee (JNCC)has confirmed what decades ofresearch has shown – that illegalpersecution is the main factorlimiting hen harrier populations,especially on land managed fordriven grouse shooting.

The report A ConservationFramework for Hen Harriers inthe United Kingdom is hardly anearth shattering one for anyonewith any knowledge of birds ofprey in the UK. However thefact that this conclusion hasbeen accepted by ScottishNatural Heritage (SNH) andpublished by the JNCC means itis now even more incumbent ondecision makers to take the

necessary action to addresspersecution.

Professor Des Thompson, SNHpolicy and advice manager, said,“This report identifiespersecution as a chronic andmajor problem hitting henharriers hard across the country.This report must feed into thestrenuous efforts that are beingtaken to resolve the hen harriergrouse moor conflict, such asthe Langholm MoorDemonstration Project, theNatural England-led EnvironmentCouncil harrier project andvarious activities under thePartnership for Action AgainstWildlife Crime (PAW).“

Hen harrier by Steve Knell (rspb-images.com)

Stuart Housden, Director, RSPBScotland, commented, “Thisreport serves as a wake-up callto the grouse shooting industry,builds on the best and mostcomprehensive scientificevidence available, and confirmsthe huge gaps in the distributionof hen harriers that are nowapparent to many ornithologists.It reveals the true impact of thesystematic and illegalpersecution routinely associatedwith the industry, which ishaving severe consequences forthe species’ fortunes in Scotland,and pushing it close to extinctionin England. This should serve asthe final chance for the industryto get its house in order. Thequestion is are grouse managers

Hen harrier – female

Persecution hits hen harriers hard

The results of the hen harrier national survey and theconclusions of the hen harrier framework add to the growingbody of evidence that shows that illegal persecution, particularlyon driven grouse moors, is preventing many of our birds of preyfrom flourishing in suitable habitat across the UK. The situationis dire and it is essential that government agencies and thepolice adopt a proactive approach to tackling criminality andachieving a recovery of populations of birds such as goldeneagles and hen harriers.

RSPB recommendation: Government and the police to adopt aproactive role in achieving raptor population recoveries.

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prepared to accept the seriouschallenge before them and takefirm and demonstrable action tostamp out this criminal activity?More fine words and letters ofdenial are not the answer.A significant recovery of henharriers on grouse estates is.”

The recently published results ofthe 2010 national hen harriersurvey reinforce the importanceof tackling illegal persecution,with the UK population havingdeclined by 20% since the lastsurvey in 2004, to an estimated650 pairs. Declines were mostrapid in Scotland, while England’spopulation continues barely tostave off extinction, with only ahandful of pairs breedingsuccessfully in any year. With the hen harrier frameworksuggesting England’s uplands arecapable of supporting at least323 breeding pairs, this massivediscrepancy remains a nationaldisgrace. Without strong,concerted effort to tackle illegalpersecution across the UK, thereis little hope of reversing theseworrying trends.

The Scottish Government hasresponded to these new reportswith welcome legislativechanges (see page 44). At thetime of writing, the UKGovernment has yet to give anysubstantive response.

The framework is atwww.jncc.gov.uk/pdf/jncc441.pdf

A fine adult male hen harrier

Hen harrier b

y Steve K

nell (rsp

b-images.co

m)

222222

RS

PB

Trapped hen harrier being removed from a spring trapon the Moy Estate.

Gamekeeper convicted for possession of a dead red kite

On 26 May 2011, a formergamekeeper from the MoyEstate became the first personin Scotland to be convicted ofpossessing a dead red kite sincethe species was reintroducedto the country 22 years ago.James Rolfe was fined £1,500 atInverness Sheriff Court for theoffence, committed on 3 June2010, while he was employed onthe estate near Tomatin,Inverness-shire.

The body of the kite wasrecovered by police during theexecution of a search warrant.Over a five week period, theremains of a further two deadred kites, six illegal baited springtraps, a trapped hen harrier, anda poison bait laced withcarbofuran were also recoveredfrom the estate. No arrests or

charges have been made inconnection with these incidents.Police were first alerted to MoyEstate on 1 May 2010, when asatellite-tagged red kite,monitored by RSPB Scotlandstaff and adopted by pupils at alocal primary school,disappeared. A bid to find themissing kite uncovered asevered red kite leg and wingtags belonging to the bird,hidden in holes under a coveringof moss.

Two weeks later remains of asecond red kite were found lyingclose to a suspected grouse baitby members of the HighlandRaptor Study Group conductingsurvey work. The kite wassubsequently confirmed byScottish Government testing tohave been poisoned with

carbofuran. Nearby a male henharrier was found, held by theleg in an illegally-set spring trap.Miraculously the hen harriersurvived this ordeal and wassubsequently released back intothe wild. Other traps, set besidebaits and hidden under a layer ofmoss, were found close by.

A multi-agency operation, led byNorthern Constabulary, led to thediscovery of the third red kite inthe back of a vehicle being usedby Rolfe, two more baited springtraps and four leg rings originallyfitted to golden eagle chicks priorto their fledging from nests inSutherland and Grampian, and onMull and Skye. These rings musthave been removed from deadeagles, but how Rolfe came intopossession of them is unclear.

More than 200,000 people supportedthe RSPB’s petition demanding an endto bird of prey killing. That shows theextent of public support for more tobe done. At a time of tight funding, areview that identifies the mosteffective approaches to tacklingwildlife crimes is essential. Scotlandand Wales have completed reviews:England must follow suit.

RSPB recommendation:Conduct a full review of theenforcement of wildlife crime inEngland and fully implement therecommendations of the review inScotland and Wales.

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With more than 1,500 pairs inthe UK, the last 20 years havebeen a great conservationsuccess story for red kites,thanks to successfulreintroduction programmes anddedicated work to protect thenative birds in Wales.

However, compelling newresearch into the low expansionrate of red kites around the BlackIsle in north Scotland shows thespecies is being severelyrestricted by persecution,primarily by illegal poisoning.Between 1989 and 2009, 64 redkites have been found illegallypoisoned in Scotland, though thetrue number will be far higher asmost birds are never recovered.

The study, conducted by RSPBScotland and funded by ScottishNatural Heritage, was publishedin the scientific journal BiologicalConservation. It compares theperformance of two red kitepopulations where equalnumbers of young birds werereleased during the initialreintroduction phases in Scotlandand England.

Since 1989, the population in theChilterns has thrived, reachingapproximately 320 pairs by 2006.However, the Black Islepopulation has struggled,reaching just 41 pairs over thesame period. Close monitoringshowed that breedingproductivity of both populations

was very good, and indeed wasamongst the highest in Europe.However, the low survival rate ofScottish birds during their firsttwo years of life was the mainfactor limiting population growth.This was almost entirely due topersecution, and in the absenceof which, it is believed the northScotland population would havebeen over 300 pairs by 2006.

Roseanna Cunningham, formerMinister for the Environmentwith the Scottish Government,said: “The Scottish Government

Red kite Jero

en Stel (rsp

b-images.co

m)

welcomes any work which canadd to our understanding ofScotland’s populations ofvaluable species. However, it ishugely disappointing wheneverwe hear that our bird populationsare being threatened by illegalkilling. Continued persecution ofour precious birds of prey issimply unacceptable. Poisoningposes serious risks to otherwildlife, and potentially people, inour countryside.”

Red kite -– still vulnerable to persecution

Kites not out of the woods

24242424

Pole-trappers caught

On 21 April 2011, at MarketHarborough Magistrates’ Court,Ivan Peter Crane and his son IvanMark Crane of Astley GrangeFarm, East Langton,Leicestershire, pleaded guilty inrelation to the possession anduse of a pole-trap contrary to theWildlife and Countryside Act1981. They were fined £1,000and £500 respectively and paid£80 costs. Crane (senior) wasalso fined £2,000 in relation toillegal and unsafe storage of

pesticides on his farm contraryto the Food and EnvironmentProtection Act 1985.

In August 2010 RSPBInvestigations Officers locateda set pole-trap at an activepheasant pen on the farm. Thetrap consisted of a metal springtrap positioned on the tallercorner post of the pen. Thesetraps may be legally used undercover to kill some mammals, buttheir use in the open is illegal

and this trap was clearlytargeting birds of prey or owls,which would use the post as anobvious vantage point. Suchtraps can cause horrific injuries.

RSPB staff returned to undertakecovert surveillance, to find thetrap had been deactivated.However, during several days ofobservation both men werefilmed walking and driving withinjust a few metres of the obviousillegal trap hanging on the corner

L Scott (RSPB)

The pole-trap set to kill birds of prey.

25252525

post. The covert footage alsoshowed a sparrowhawk perchingon the post where the trap hadbeen set. Armed with thisevidence, Neil Hughes, theForce Wildlife Officer forLeicestershire, was contacted.

A warrant was organised and thepole-trap recovered. During thesearch, an insecure and unsignedpesticide store was found. Thiswas found to contain a numberof agricultural pesticides which

J. Leonard (RSPB)

were no longer approved. Bothmen accepted their involvementin rearing pheasants for shootingbut denied any knowledge of thetrap. However, both men laterpleaded to offences inconnection with the trap.

Ivan Peter Crane caught on camera next to the illegal pole-trap.

Raptor persecution remains aUK Wildlife Crime Priority for2011–2013. Lead organisationson prevention, intelligence andenforcement actions include arange of statutory natureconservation organisations,police forces and the NWCU. A number of aims and deadlineshave been proposed but so farthere is little evidence of anysignificant progress.

RSPB recommendation:Increase support for the UKWildlife Crime Priority to tackleraptor persecution and addressinadequate law enforcement.

26

In 2010, there were 40 reportedincidents of egg collecting andegg thefts, and two reports ofeggs being sold. This is lowerthan the 65 incidents reported in2009, and below the last five-year average (2005–2009average of 70 incidents peryear). There were 12 confirmedand 8 probable nest robberiesfrom Schedule 1 speciesreported in 2010 (see AppendixV). These involve both eggcollecting incidents and eggsand chicks taken for the live birdtrade. Confirmed robberiesinvolved the nests of seven

peregrines, two golden eagles,two stone-curlews and one redkite. Probable robberies involvedthe nests of peregrines, barnowls, marsh harrier and, ofparticular concern, a woodsandpiper, a species with fewerthan 10 breeding pairs in the UK.

These relatively low figures are agood sign, and illustrate thatsince the early 1990s thenumbers of egg collectingincidents have significantlyreduced. Several of theperegrine incidents werebelieved to be related to illegal

Egg collecting and disturbance3M

ark

Thom

as (R

SP

B)

falconry rather than eggcollectors. However, it is clearthat a number of individuals arestill active, as illustrated by theconviction of Aaron Kisiel in April2010. Another significant eggcollecting enquiry has alsostarted in 2011.

In 2010, there were also31 reported incidents ofphotography and disturbance ofSchedule 1 species, (the2005–2009 average was 29incidents per year).

Three sedge warbler eggs and a cuckoo egg found at Aaron Kisiel’s house exactly matched aphotograph of the eggs taken in a nest before they were robbed.

27

An egg collector banned from driving for10 months following conviction

Case studiesM

ark

Thom

as (R

SP

B)

A prolific egg collector receiveda three month jail sentence(suspended for 12 months) andwas banned from driving for10 months following a lengthyinvestigation by the RSPB andNottinghamshire Police.

Aaron Kisiel, of Hanley Avenue,Bramcote, Nottinghamshire, wasseen acting suspiciously bybirdwatchers at peregrine falconand merlin breeding sites inDerbyshire. A police search ofhis house revealed a collectionof 30 birds’ eggs, including two clutches of woodlarks, along with a large number of

items typically used by eggcollectors.

Kisiel pleaded guilty topossessing the eggs but deniedhaving items capable of beingused for possessing or takingeggs. After a four-day trial atNottingham Magistrates’ Court,on 26 August 2010, Kisiel wasfound guilty of possessing itemscapable of being used to takeand possess wild birds’ eggs. A number of items belonging toKisiel were confiscated,including an egg-blowing kit, eggcabinet, a camera and expensivebinoculars.

During the trial, the court heardevidence that sedge warbler andcuckoo eggs found at Kisiel’shouse matched those found onphotographs also found at thehouse, showing the eggs in thenest before being taken. It wasaccepted by the court that Kisielhad taken eggs as recently as2009 and that his diariesshowed he had amassed a largecollection of eggs over the past20 years. In delivering theverdict, the bench of magistratespraised the RSPB for providingobjective and unbiased expertevidence. In addition to thesuspended sentence and drivingban, Kisiel was also ordered tocarry out 150 hours’ communityservice and pay £300 costs.

RSPB Investigations OfficerMark Thomas said, “Aaron Kisielis a very active egg collectorwho has documented thefinding and taking of thousandsof birds’ eggs meticulously,many from rare species andsome even from naturereserves.”

Following the sentencing, theRSPB and NottinghamshirePolice offered a reward of£1,000 leading to the discoveryof the remaining thousands ofeggs documented in Kisiel’sdiaries. Anyone with informationis urged to call RSPBInvestigations on 01767 680551or Nottinghamshire Police on0300 3000 99 99.

Sgt Andy Hallsworth examines one of Kisiel's egg containers.

28

During 2010, Investigations Unitstaff assisted regional RSPBcolleagues with the design andimplementation of three majorprotection schemes for rarebreeding birds. These schemeshelp to prevent disturbance anddeter the illegal activities of eggcollectors.

Purple herons at DungenessA pair of purple heronssuccessfully raised youngsterson the RSPB reserve atDungeness, Kent. Thisrepresented the first ever

Nest protection schemes help rarebreeding birds

breeding of this species withinthe UK. The birds arrived in lateApril and nested in an area ofreedbed and grazing marshadjacent to the Dungenessnuclear power station. A 24-hourwatch was maintainedthroughout the season, assistedby Kent Constabulary and thepower station security. Once theyoung had hatched, a publicviewing scheme was opened,allowing thousands of reservevisitors the opportunity to safelysee this historic event.

Mark Sisson (rspb-images.com)

Red-backed shrikes onDartmoorRed-backed shrikes last bred inthe UK around 20 years ago.Their decline from widespreadbreeders to near extinction wasfuelled in the later years by theactivities of egg collectors whoparticularly prized the eggs ofthis species. However, a pairsuccessfully bred on Dartmoor,Devon, in 2010, raising at leastfour juveniles. A three-month,around-the-clock protectionscheme was operated by apartnership of organisations,

Red-backed shrikes raised young on Dartmoor

29

co-ordinated by the RSPB andutilising many local volunteers.The scheme was justified, asknown egg collectors were seenat the site on several occasions.It is hoped this could be the firststages of recolonisation by thisspecies in the UK.

Little bitterns at Ham Wall,SomersetAn elusive male little bittern wasseen during spring 2010 on theRSPB reserve at Ham Wall, but itwas only when a female wasseen in early July that breeding

was suspected and thenconfirmed. Chicks were heardcalling in the nest but due totheir secretive behaviour it wasunknown how many successfullyfledged. Little bitterns have onlynested on one previous occasionin the UK before, at Potteric CarrNature Reserve, South Yorkshire,in 1984.

Since the 1960s, the RSPB hasprotected the nests of rarebreeding birds, starting with thefamous ospreys on Speyside andred kites in mid-Wales, to the

more exotic bee-eaters inDurham and now rare herons.With an ever-changing climate,who knows what the nextspecies might be that needsadded protection to allow it togain a foothold as a breedingspecies in this country.

Steve R

ound (rsp

b-images.co

m)

Adrian Kettle

One of the purple herons that bred atDungeness in 2010

Little bitterns bred for only the second time in the UK

3030

Jeffrey Lendrum is led intoWarwick Crown court prior toreceiving 30 monthsimprisonment for attemptingto smuggle peregrine eggs.

RSPB placing three of theperegrine chicks hatched fromeggs seized from Lendruminto a Scottish nest

Trade in wild birds and taxidermy4

In 2010, there were 98 reportedincidents involving the taking,sale and possession of live anddead birds (2005-2009 averageof 126 incidents per year). Aswith previous years, the majorityof 2010 incidents were cases oftaking, selling and possessinglive non-birds of prey (mostlyfinches) accounting for 63incidents. There were 31incidents involving birds of preyand four incidents of illegaltaxidermy.

J Leonard (RS

PB

)Peter C

orns

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Case studiesAirport cleaner’s alertness leads to jail forinternational falcon smuggler

On 19 August 2010, at WarwickCrown Court, Jeffrey Lendrum ofZimbabwe was sentenced to30 months’ imprisonment forattempting to smuggle 14peregrine eggs out of the UK toDubai. He also received a fourmonth concurrent sentence fortaking the eggs from four nestsites in South Wales.

On 3 May 2010, Lendrum wasdetained by the West MidlandsPolice Counter Terrorism Unit(CTU) as he waited in theEmirates departure lounge atBirmingham International Airportready to board a flight to Dubai.Officers were informed when analert cleaner became suspiciousafter Lendrum had used thelounge’s shower facilities, butfound they were bone dry andthat three egg boxes had beendiscarded. CTU Officersdiscovered that Lendrum had 14eggs inside socks strapped to hisabdomen. He claimed they wereduck eggs strapped to him tocounter a back problem.However, NWCU officer AndyMcWilliam confirmed they wereperegrine eggs and had thempassed into the care of a localfalconer.

Lendrum later admitted havingtaken 14 peregrine eggs fromfour nest sites in the RhonddaValley, South Wales. He claimedhe initially intended to take themback to Zimbabwe to hatch the

birds out, but denied incubatingthem, maintaining his storyabout the cure for his backailment.

His car was found in the long-stay car park and found tocontain climbing gear and anincubator powered from thecigarette lighter. A subsequentsearch of a lockup facilityrented by Lendrum revealedanother incubator.

Information gathered by thepolice and NWCU showedLendrum was a highly organisedand resourceful man, who stoodto make a significant profit fromhis exploits. It was believed thatthe peregrine eggs were goingto be passed on to a contact inDubai. In 2002, Lendrum wasfined by Canadian authorities forrobbing peregrine and gyr falconnests. On that occasion he hadhired a helicopter to allow him toreach nesting sites. He also hada 1984 conviction for dealing inraptor eggs in Zimbabwe.

Jailing Lendrum, JudgeChristopher Hodson quoted LordJustice Sedley, saying,“Environmental crime, ifestablished, strikes not only at alocality and its population but insome measure to the planet andits future. Nobody should beallowed to doubt its seriousnessor to forget that one side of theenvironmental story is always

untold”. He added, “I adopt thesewords to express the gravity ofwhat you did. You have had twoprevious warnings of theconsequences of dealing withwild protected birds and nowyou have come to the UK andoffended. These offences plainlypass the custody threshold forreasons that I have mentioned,and pass it by a long way.”

The local falconer who cared forthe eggs was able to hatch out11 of the eggs. Four chicks werelater returned to the wild byfellow falconers. The remainingseven chicks were successfullyfostered into three wild Scottishnests, following work by theRSPB and Raptor Study Groupworkers.

On 1 February 2011, Lendrum’ssentence was reduced on appealto 18 months. The RSPB believesthat such lenient sentencing willdo little to dissuade organisedsmugglers from benefiting fromthe international wildlife trade.

A McWilliam

(NWCU)

32

Raptor dealer uses “breeding programme”cover to evade EU bird import ban

A West Midlands bird dealer wasconvicted after evading importrestrictions designed to protectthe EU against the transmissionof highly pathogenic diseasessuch as avian flu.

In April 2009, Brynn McDonagh,a 26-year-old bird dealer fromWest Heath, applied to theAnimal Health Agency (AHA) forimport permits for 22 birds ofprey from South Africa, includinga Walberg’s eagle, African hawkeagles and jackal buzzards.

McDonagh indicated that thebirds were being imported for“breeding programmes” toimprove the bloodlines in hisstock. Import permits weresubsequently issued by AHAand 20 of the birds wereimported into the UK on 3September 2010.

Following the import, a numberof advertisements wereidentified that had been placedby McDonagh on several tradewebsites between April andNovember 2009, offering thebirds for sale. One of the advertshad been placed a month prior tohis original application to importthe birds. It appeared that thebirds had always been intendedfor trade and were not part of abreeding programme.

In January 2010, West MidlandsPolice, NWCU, Animal HealthAgency and UK Border Agency

(UKBA) staff executed a searchwarrant at his home address.Officers seized seven birds,including a Wahlberg’s eagle andan African hawk eagle.McDonagh was arrested andinterviewed.

From seized documentationofficers were able to trace birdsat addresses in Scotland,Cambridgeshire and Holland andshow evidence of illegal sales.UKBA placed detention noticeson the identified birds.McDonagh declined to disclosethe whereabouts of three otherbirds. McDonagh’s outlay was

around £4,500 and hadeverything gone to plan hewould have made £26,500 fromselling the birds.

McDonagh pleaded guilty to oneimport offence and five furtheroffences of sale and offering forsale illegally imported CITESAnnex B birds. He wassentenced at Birmingham CrownCourt on 22 November 2010 to10 months’ imprisonmentsuspended for two years,ordered to undertake 150 hours’unpaid work and to pay £1,000costs. All the seized birds wereforfeited.

A McWilliam NWCU

G Shorrock (R

SPB)

The EU banned commercialimports of wild birds in 2007following concerns over thetransmission of avian diseases.However, Regulation (EC)318/2007 allows certaincategories of birds to beimported including birdsimported for “conservationprogrammes approved by thecompetent authority of themember state of destination”.This case raises seriousquestions about how a dealerwas allowed to evade importrestrictions when no suchgenuine conservationprogramme apparently existed.

RSPB recommendation:Rigorously manage and enforcethe European Union’s wild birdimport regulations.

33

Brynn McDonagh with anAfrican hawk eagle – one ofthe birds illegally importedfrom South Africa.

African crowned eagle - one of the species imported by McDonagh

343434

The rules governing the keepingand selling of native British birdsin captivity have long beenignored by many bird keepers.But any uncertainties about whatis required to stay within the lawwere dispelled by an importantcase brought by the RSPCAagainst Cambridgeshire birdbreeder Edward Easter.

Following a protractedinvestigation throughout 2010,Easter, of Hollycroft Road,Emneth, was finally convicted inFebruary 2011 at King’s LynnMagistrates’ Court on 13 countsof possession of wild birds andpossession with the intent tosell. The species involvedincluded red-backed shrike,

goldfinch, nightingale, skylark,wagtails, stonechat and gardenwarbler. Easter was ordered topay almost £20,000 in fines andcourt costs.

The key issue in the trial wasthat Easter had no documentaryevidence to prove his birds werecaptive-bred. Sales of most livenative birds other than thoselisted on Schedule 3 of theWildlife and Countryside Act1981 are governed by a generallicence. This licence requires thatthe bird is correctly ringed withan appropriately-sized close ring,and most importantly thatdocumentary evidence of captivebreeding accompanies any saleor exchange.

Chris Gomersall (rspb-images.com)

Landmark RSPCA case clarifies need for birdkeepers to have correct documentation

Sentencing Easter, District JudgePhilip Browning said, “It’s illegalto trade in wild birds and itneeds to be understood bybreeders that to do this carriesheavy penalties or even a prisonsentence. I hope the messagehas been made clear that thoseengaging in the exchanging andselling of birds with no questionsasked do so at their peril.”

The terms and conditions of thegeneral licence can bedownloaded atwww.naturalengland.org.uk/Images/wml-gl18_tcm6-24166.pdf

Nightingale was one of the species kept byEdward Easter.

353535

Goshawks still targets for illegal activity

A R

oberts (NW

CU

)

As well as being illegally killed,the goshawk also remains afocus for illegal trade activitiesbecause of its high value andhunting prowess. For thisreason, it remains one of thefew species still required to beregistered with Animal Health,if kept in captivity.

In November 2010, the founderof the International FalconryForum website was convicted offailing to register a goshawk, aswell as two trade offences. On5 November, at TorquayMagistrates’ Court, Paul Hill ofDairy Lane, Ivybridge, Devon,was sentenced to a CommunityOrder of 300 hours’ unpaid workand ordered to pay £5,580 costs.DNA evidence was instrumentalin establishing the provenance ofthe birds in this case. Hillunsuccessfully appealed againsthis conviction in July 2011, buthis costs were reduced to £500.

In another case, following aninvestigation by the NorthumbriaPolice, falconer Harry Pyle of BattHouse Road, Hexham, appearedat Hexham Magistrates’ Court on6 January 2011. He pleaded guiltyto buying two goshawks in 2009without the necessary CITESdocuments. He was fined £500with £120 costs. Both birdswere forfeited.

Hill was convicted of tradeoffences involvinggoshawks.

36

The RSPB maintains a record ofprosecutions involving offencesagainst wild birds. In 2010, theRSPB was informed of theprosecutions of 49 individuals,including prosecutions taken bythe Crown Prosecution Service,Procurators Fiscal and theRSPCA. Of these, 46 individualswere convicted on one or morecharges. The 49 prosecutionsinvolved at least 242 charges,the majority of which werecharges under the Wildlife andCountryside Act 1981, theControl of Trade in EndangeredSpecies (Enforcement)Regulations 1997 and theCustoms and ManagementExcise Act 1979. Of these, 182charges resulted in a guilty

Prosecutions in 20105

outcome (64%). Fines for theyear totalled £20,305 and 14people were awarded custodialsentences (11 of which weresuspended sentences).

Analysis of prosecutions for thelast 10 years reveals someinteresting details. The option ofcustodial sentences under theWildlife and Countryside Act1981 came into force in Englandand Wales on 30 January 2001and in Scotland on 26 March2003. Similar options shouldcome into force in NorthernIreland during 2011. The graphbelow details the 28 jail and 14 suspended jail sentencesawarded by the courts duringthe last 10 years for offences

solely under the Wildlife andCountryside Act 1981. All were inEnglish courts apart from twocases in Wales and one inScotland.

The cases break down asfollows: taking and possessionof birds’ eggs 14; the killing ofnon-birds of prey 10; the takingand keeping of non-birds of prey7; raptor persecution 3;disturbance of Schedule 1species 3; taking and keeping ofbirds of prey 2; taxidermy related2; sale of birds’ eggs 1.

Analysis of all cases since 2001,involving the Wildlife andCountryside Act 1981, Control ofTrade in Endangered Species

Custodial sentences under the Wildlife and Countryside Act 1981

JAIL (Suspended)

JAIL

0

1

2

3

4

5

6

7

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

37

(Enforcement) Regulations 1997,Customs and Management Act1979 and the Food andEnvironment Protection Act 1985shows that custodial sentenceswere awarded in 55 cases forwild bird related offences (otherthan welfare). All were in Englishcourts apart from two cases inWales and one in Scotland.

A breakdown of the types ofoffences for which custodialsentences were awarded isshown in the graph below. Jail sentences have beenrepeatedly given for offencesinvolving species of lowconservation concern, such as 10 cases relating to the killing of swans, gulls and ducks.Despite a number of cases ofhigh conservation concernrelating to the persecution ofbirds of prey, custodial

sentences were given in onlythree cases (all suspended).

The prosecution of two pestcontrollers in London in 2010resulted in jail sentences forpoisoning various birds (non-raptors) and a dog in a publicpark (see page 13). In contrast,there have been numerous casesin which professional pestcontrollers, primarilygamekeepers, have been foundin possession of the bannedpesticide carbofuran. This is aproduct which has beenpersistently abused in the UK,being used to poison rare andhighly vulnerable species such aseagles and red kites. Thesecases have typically been dealtwith by way of small fines.

Under the Magistrates’ CourtsSentencing Guidelines for wildlife

Custodial sentences for wildlife offences relating to birds (non welfare)

Poisoning of non-birds of prey

Shooting and destruction of birds of prey

Shooting and destruction of non-birds of prey

Trade in endangered species

Taking and possession of birds

Egg collecting and disturbance

0

2

4

6

8

10

12

14

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

trade and conservation offences(November 2002), magistratesare advised, when consideringthe seriousness of the offence,to first take into account theecological impact of the offenceand the impact on thesustainability of the species. Whilst this may be happeningwith convictions involving tradein endangered species, it doesnot seem to be the case foroffences involving native birdsof prey.

The RSPB believes that in somecases more meaningfulsentences for raptor persecutionrelated offences are needed toprovide a stronger deterrent toreduce the serious conservationimpacts these offences continueto cause and that the currentguidance for sentencers shouldbe redrafted to reflect this.

38

Case studiesCase study 1: Gamekeeper convicted ofplacing poison bait

In November 2010, agamekeeper employed on theLeadhills Estate in SouthLanarkshire was convicted oflaying a rabbit bait laced with thebanned poison carbofuran on anopen hillside. Lewis Whitham,now of Skipton, North Yorkshire,was fined £800 by LanarkSheriff Court.

In April 2009, Whitham wasseen to remove a rabbit from hisquad bike and place it on theground. When police and SSPCAofficers attended they found thatthe dead rabbit, which wasstaked down to the ground, wascovered in a granular substance.This substance was laterconfirmed as the bannedpesticide carbofuran.

During the trial, Mr Whitham saidhe was targeting crows but fullyaccepted that what he did waswrong, regretted what he didand stated he was trying to‘impress his employer’. MrWhitham was later dismissedfrom his employment on theLeadhills Estate.

In summing up, Sheriff Stewartsaid, “Gamekeepers have specialresponsibilities to theenvironment and what he didwas contrary to all standardsexpected. It is very challengingfor law enforcers to discover abreach of the legislation.”

Area Procurator Fiscal TomDysart, who leads the CrownOffice and Procurator Fiscal

Service (COPFS) on wildlifecrime, said, “Lewis Whithamwas caught red-handed staking apoison-filled rabbit carcase to theground on a country estate. Thisbait would prove attractive to avariety of carrion-eating birds,including birds of prey which areprotected by law. Whitham sayshe was targeting crows but anybird or animal ingesting thispoison would have died.Carbofuran is a banned pesticideand anyone caught using itindiscriminately will be dealt withrobustly. COPFS takes crimesagainst wildlife and theenvironment seriously andanyone involved in harmingScotland's rich natural heritage inthis way should expect to faceprosecution.”

Edwin Kats (rspb-images.com)

OneK

ind

39

Gamekeeper LewisWhitham was seen placinga poison-laced rabbitbait out on theLeadhills Estate.

Buzzard – the mostcommon victim of illegalpoisoning.

Many sporting estates receivesignificant sums of public moneyunder the single farm paymentsscheme. This bringsresponsibilities and anexpectation of compliance withenvironmental and wildlifelegislation. To target effectively,and penalise, those responsiblefor persecuting birds of prey, it isessential that the full range ofassociated offences are coveredby cross-compliance rules.

RSPB recommendation:Work with the European Union tostrengthen the penalties availableunder cross-compliance so thatanyone contravening EU WildlifeDirectives faces having theirsingle farm payment withdrawn.

40

Case study 2: NWCU investigations reveal thescale of the Internet trade in taxidermyspecimens and skulls

Three cases in 2010 highlightedthe volume of illegal trade intaxidermy items sold over theInternet, including specimensprotected by internationalregulations. It also revealed anunusual market for the skulls ofendangered species.

An Internet trader who failed tolearn his lesson following aprevious conviction was jailedfor committing further wildlifeoffences. On 25 June 2010,Mark Rowland of Orford Road,Swaffham, Norfolk, wassentenced to nine months’imprisonment. This comprisedthree months from a previoussuspended sentence in 2005,and six months for the newoffences. The specimens weretaxidermy items, including henharrier, wildcat, barn owl, long-eared owl and rhinoceros horn.A Serious Crime PreventionOrder was also imposed,banning Rowland from keepingor trading in any speciesprotected by UK orEU legislation.

In December 2005, Rowlandreceived a suspended prisonsentence for selling taxidermyspecimens including variousbirds of prey, owls and anAmerican black bear on theInternet without the appropriateEU CITES documents.

In April 2008, Norfolk Policeattended his house for an

unrelated matter and notedvarious taxidermy items, whichgave them cause for concern.The NWCU arranged forRowland’s computer, somepaperwork and some taxidermy,to be seized. When interviewed,he denied he was still trading inEU CITES Annex A specimens.After examining his computerand checking eBay records, itwas obvious that this wasuntrue. However, he had tried toconceal his involvement by usingfamily identities to filter in hisown items. In sentencing, theJudge told Rowland that he hadknown what he was doing andthat sanctions could only beeffective if they were imposed.

An elderly couple who ran anInternet business illegally tradingin CITES-listed wildlife receivedsuspended jail sentences. On 13July 2010, at Leeds Crown Court,Graham Pitchforth and his wifeNorah, of Southfield Close,Wrenthorpe, Wakefield, WestYorkshire, were both sentencedto 44 weeks’ imprisonment,suspended for 18 months and200 hours of unpaid work. Theywere ordered to pay £5,250 incosts. This followed earlier guiltypleas to 24 offences involving awide range of species includingraptors, owls, primates, ottersand butterflies.

Searches by NWCU, HMRC, andWest Yorkshire Police in 2006had found huge numbers of

specimens including dried bats,hornbill casques and the skulls ofassorted animals includingmonkeys, fruit bats and reptilesas well as skins from SouthAfrica and South-east Asia.

Only by ploughing throughthousands of computer recordsand hard copy e-mails and thencomparing them with eBayrecords was it possible to showthe extent of the Pitchforth’senterprise. From over 3,600transactions arranged via eBayand e-mail, a substantial quantityinvolved CITES-listed speciesimported from suppliers inIndonesia and South Africa,many without relevant permits.This was clearly a thrivingbusiness selling to buyers allover the world.

In another NWCU-led case, aMidlands man was found guiltyof running a huge operationbuying and selling skullsincluding many CITES-listedspecies.

On 20 August 2010, at CoventryCrown Court, Alan Dudley ofHalford Lane, Keresley, Coventry,pleaded guilty to six chargesrelating to the illegal importationof skulls of a howler monkey anda loggerhead turtle, offering forsale skulls of a Goeldi’sMarmoset and a Humboldtpenguin, purchasing skulls of agoshawk and a long-eared owland offering to purchase the skull

41

Crow

n copyright

Selection of CITES listed specimens seized from Mr & Mrs Pitchforth

of a buzzard. Dudley wassentenced to 25 weeks’imprisonment (suspended fortwo years), fined £1,000 andordered to pay £2,515 costs.He was given a three monthcurfew order during which hewould be electronically tagged.

The investigation started inMarch 2008, when NWCU,UKBA and West Midlands Policefound a large collection of skulls

and taxidermy items and afreezer full of dead animals andbirds. Enquiries revealed that, aswell as being an avid collector ofskulls for some years, Dudleyhad been licensed to dispose ofanimal waste, including zooanimals. He had used thisopportunity to obtain potentialtaxidermy specimens and skulls.He also obtained skulls ofspecies such as howler monkeyand loggerhead turtle through

contacts on the Internet andimported them, knowing thatthey would not have beengranted permits.

Judge Peter Ross describedDudley as an “amateuracademic.” He added, “Yours is acase where academic zeal hascrossed the line intounlawful obsession.”

42

Review of 2010 National Wildlife Crime Unit 6

National Wildlife Crime Unit(NWCU)

pesticides and poisons, that canotherwise do significant harm tobiodiversity, safely. Alarmingly,the large quantity of carbofuranrecovered in the North ofScotland on a high profile estateraised some serious questions inrelation to which bannedsubstances remain in circulation.

In conclusion, what is clear isthat whilst progress has beenmade it could not have beenachieved in isolation. Hard workand determination by lawenforcement, prosecutors, landmanagers and conservationorganisations coming togetherbenefits our communitiessignificantly, leading to changesin values and working practices.In this respect, the NWCUremains optimistic that evenmore can be achieved over thecoming year.

Brian Stuart, Head of NWCU

RSPB commentFunding for the NWCU hasbeen secured until 2013.With the forthcomingchanges to policingpractice, it is imperativethat the role of the NWCUwith respect to the newNational Crime Agency(NCA) is clarified. TheNCA/NWCU should takeresponsibility for wildlifecrime that is serious andorganised, and involveseither significant monetaryincentives (eg internationaltrade in species andderivatives) and/orsignificant conservationcosts (eg raptorpersecution in the UK). Inaddition, the importance ofthe Wildlife Crime Officer(WCO) should be affirmedby Government, withindividual police forcesbeing challenged toallocate permanent staffresources to wildlife crimeinvestigations.

RSPB recommendation:Give sufficient priority towildlife crime in the UKpolicing review andincrease support for theWCO network.

Frustrations and progresscharacterised 2010 for theNWCU. Progress was madewhen the most recent StrategicAssessment added peregrine tothe list of wildlife crime priorities.On top of this, 2010 sawcontinued progress in engagingwith the land managementsector, which remains imperativeif inroads are to be made inrelation to raptor persecutionprevention.

In addition, some significantdevelopments were realised withthe introduction of newlegislation in Scotland throughthe Wildlife and NaturalEnvironment Act, and theconvictions of a number ofunscrupulous land managersacross the United Kingdom.

Whilst the NWCU welcomes therise in convictions and casesreported, much work is still to bedone. Clearly, pesticide abuseremains one of the greatest risksto wildlife. NWCU welcomes therecent disposal scheme, whichpromoted the need to dispose of

43

Partnership for Action Against WildlifeCrime (PAW)

Partnership for Action AgainstWildlife Crime (PAW)

bringing about prosecutions.Speaking at the PAW Seminar on9 March 2010 at Kew, theMinister expressed his supportfor PAW and its work and urgedpartners to continue to play theirpart in tackling wildlife crime.

The new PAW structure isbecoming embedded in workingpractices and procedures. Newand existing PAW membersfocus more closely on what theycan do to support wildlife crimepriorities and on how they cancontribute to PAW’s over-archingobjectives. More informationabout PAW and wildlife crimematters generally can be foundat www.defra.gov.uk/paw.

Coalition Government ministersare also clear in their support formeasures to tackle wildlife crime

The Partnership for ActionAgainst Wildlife Crime (PAW)enables statutory and non-statutory bodies to worktogether to combat wildlifecrime. PAW is co-chaired byDefra and the police.

Congratulating PAW on reachingits 15th year, former DefraBiodiversity Minister HuwIrranca-Davies again praised PAWpartners for their contribution tohelping to reduce wildlife crime,through education activities,awareness-raising, supporting orleading investigations and

and support for PAW. Amongstother things, Minister for theNatural Environment andFisheries, Richard Benyon,visited the Animal ReceptionCentre at Heathrow Airport andsaw for himself the range ofanimals that are exported andimported, legally and illegally.

The UK continues to chair theCoalition Against WildlifeTrafficking (CAWT), working withfive other governments and14 NGOs to tackle internationalwildlife trafficking. A website topromote the issue and keeppartners and interestedindividuals and organisations upto date is being maintained atwww.cawtglobal.org

Jane Withey, PAW Secretariat

G Shorrock (RSPB)

Charlie Everitt (left) of theNWCU receives the WildlifeEnforcer of the Year awardfrom Chief ConstableRichard Crompton at the2010 Wildlife CrimeEnforcers Conference heldat Cheltenham.

44

New laws in Scotland andNorthern Ireland strengthenbattle against wildlife crime

New legislation to increaseprotection for wildlife wasdebated by the ScottishParliament and the NorthernIreland Assembly throughoutmuch of 2010, with bothcountries finally passing thelegislation onto the statute booksearly in 2011.

Among the most far-reaching ofthe measures put in place by theWildlife and Natural Environment(Scotland) Act is a new criminal“vicarious liability” offence toensure that those who direct orturn a blind eye to birdpersecution can be heldto account.

Former Scottish EnvironmentMinister Roseanna Cunninghamsaid, “We have taken a hugestep forward in the prevention ofwildlife crime by introducing acriminal vicarious liability offence.This will provide a deterrent forthose who think they can getaway with allowing thedeliberate poisoning of some ofour most iconic birds of prey, apractice that has been a blight onour nation for too long.”

Bob Elliott, RSPB Scotland’sHead of Investigations, said:“We welcome the newprovisions, but stress that theymust be fully implemented inorder to become a deterrent to

those intent on killing our rare andiconic species. Similar measuresshould be introduced elsewherein the UK to help stamp out birdof prey persecution everywhere.”

In Northern Ireland, the Wildlifeand Natural Environment(Northern Ireland) Act also passedinto law. Among theimprovements were protection forcurlews, which cannot now beshot, and additional protection forlapwings, redshanks andwhinchats. Curlews haveundergone huge declines inNorthern Ireland in recent years.

Additional measures includedprotection for the nests of certainbirds that re-use their nests eachyear, including red kites, and theintroduction of “reckless”offences that damage or disturbprotected wildlife or wildlife sites,or to “cause or permit” illegalincidents.

It is also now illegal in NorthernIreland to possess pesticides withno lawful reason for using them.The creation of this offenceshould help reduce illegalpoisoning of wildlife, includingbirds of prey. All of theseimproved measures aresupported by increased powers ofenforcement for constables andwildlife inspectors.

Former Environment MinisterEdwin Poots said, “NorthernIreland has taken a giant stepforward in protecting its wildlife

Legal issues

and natural environment. I amdetermined that wildlife crimeshould not be tolerated. That iswhy this Bill gives theenforcement authorities newpowers and sanctions againstperpetrators of wildlife crime.The most serious and persistentoffenders will now go to jail.”

Anne-Marie McDevitt,Conservation Manager for theRSPB, said, “This is a great stepforward for improving theprotection of Northern Ireland’swildlife. We hope that making itillegal to possess pesticides withno lawful reason will help stopillegal poisoning of birds of prey.”

Ms McDevitt also welcomed the increased powers ofenforcement for constables andwildlife inspectors, and toughersentencing. She said, “We hopethat this new legislation sendsout a clear message to offendersthat wildlife crime in any formwill not be tolerated and themeasures in this Bill ensure thatthose who break the law willface the full consequences oftheir actions.”

45

Richard Revels (rsp

b-images.co

m)

Curlews have undergone amassive population declinein Northern Ireland but newlaws mean they can nolonger be shot

The majority of those convictedfor crimes of raptor persecutionare gamekeepers. However, theRSPB believes it is primarily theirmanagers and employers whoare the underlying cause of theproblem and who should bemade more accountable. TheScottish Government has nowintroduced an offence ofvicarious liability. It is time forthe rest of the UK to catch up.

RSPB recommendation:Introduce a vicarious liabilityoffence throughout the UK tomake managers and employersresponsible for the actions oftheir gamekeepers.

46

Legal issues

Greater protection fordeclining species in Wales

In response to dramaticpopulation declines, severalspecies once labelled as pestshave been afforded greater legalprotection thanks to the WelshAssembly Government’s decisionto remove them from certainGeneral Licences.

Following a public consultation,the Welsh Government issued aset of revised General Licenceson 1 January 2011. Theselicences are issued annually inWales under the Wildlife andCountryside Act 1981. Theypermit authorised persons tocontrol certain species of birds

for specific purposes, forinstance, to prevent seriousdamage or disease.

The RSPB welcomed thedecision to remove five speciesof conservation concern – housesparrow, starling, herring gull,great black-backed gull andlesser black-backed gull – fromseveral of these licences.Starling and herring gull featureon the list of species of PrincipalBiodiversity Importance in Walesand are red-listed species ofconservation concern. Like thegreat black-backed gull (also red-listed), the breeding populationsof these species have declinedby more than 50%. Lesser black-backed gull and house sparrow

are both amber-listed species ofconservation concern, with housesparrow also featuring on the listof species of Principal BiodiversityImportance. House sparrow andherring gull are also priorityspecies under the UK BiodiversityAction Plan.

The RSPB is pleased with thisapproach and believes theconservation status of thesespecies presented a clear case forensuring they are no longersubject to the effectivelyunregulated killing permitted bythe General Licences. From 1January 2011, licences to controlthese species will only be issuedon a case-by-case basis.

Specialist Crown Counselappointed in Scotland to tacklewildlife crime

The prosecution of wildlife crimein Scotland was enhanced in 2010by the appointment of a specialistmember of Crown Counsel. AlexPrentice QC, Assistant PrincipalAdvocate Depute, will providesupport and legal advice tospecialist Procurators Fiscal, anddeal with any criminal appeals.

Solicitor General Frank MulhollandQC, announced the news on 17 February 2010 at the Scottish

Starlings will get improvedprotection in Wales from 2011.

Guy Shorrock (R

SPB)

The eagle owl, a species commonlykept in captivity, cannot be releasedinto the wild.

47

Police Wildlife Crime conferenceat Tulliallan. He stated, “I amdelighted to announce that AlexPrentice QC is taking on the roleof specialist Crown Counsel forwildlife crime. The breadth anddepth of his knowledge andexperience of criminal law will beinvaluable to the prosecution ofthis type of offence. We have aduty to ensure that Scotland’srich and diverse natural heritageis protected, and we remaincommitted to ensuring that theprosecution service provides apowerful and effective deterrentto those who commit crimesagainst wildlife”.

The appointment of a specialistCrown Counsel builds on workalready undertaken by the CrownOffice and Procurator FiscalService (COPFS) to tackle wildlifecrime more effectively. InSeptember 2004, COPFS set upa national network of specialistwildlife prosecutors to tacklewildlife crime.

This work was enhanced inFebruary 2011 when a team offull-time wildlife prosecutorswere announced. The team ofthree specialists will investigate,mark and prosecute all casesinvolving crimes against wildlifeand the environment in Scotland.Their remit will also includecases of animal cruelty. The teamis managed by Tom Dysart, AreaProcurator Fiscal for Ayrshire,who currently leads COPFS in

Guy Shorrock (R

SPB)

this area of law. The specialistswill be spread across Scotland,but will work together toshare knowledge andexperience of cases.

Release of more invasivespecies outlawed

Following more than two yearsof deliberation, changes toSchedule 9 of the Wildlife andCountryside Act 1981 came intoforce in England and Wales on 6 April 2010.

Schedule 9 lists largely non-native species, which cannot bereleased or allowed to escapeinto the wild unless underlicence. An additional 24 animalsand 38 plants are now listed onthe Schedule, and seven animalshave been removed. Among thespecies that can no longer bereleased are eagle owl, monkparakeet, Chinese water deer,Himalayan balsam, cotoneaster,Japanese knotweed andAustralian pygmy stonecrop.

The RSPB welcomes thesedevelopments, but has urgedGovernment to view them asinterim measures only, pending acomprehensive review of thelegislative framework dealingwith non-native species issues.The inadequacies of the existinglegislation, namely Section 14 ofthe Wildlife and Countryside Act1981, are widely acknowledged:it is difficult to interpret, difficult

to enforce, and fails toencompass the breadth ofmeasures required to tacklethe problem.

Globally, non-native species areconsidered the most importantthreat to biological diversity afterhabitat loss, and – at anestimated cost to the GBeconomy of around £2 billion peryear – they can cause significanteconomic damage too. Fit-for-purpose legislation, with anemphasis on preventingintroductions in the first place,is crucial.

The revised Schedule can befound atwww.legislation.gov.uk/uksi/2010/609/article/1/made

48

A report by one of the RSPB'spartner organisations, BirdLifeCyprus, has revealed that around1.4 million songbirds weretrapped illegally in Cyprus inautumn 2010. The birds arecaught to provide the mainingredient for a local delicacy:ambelopoulia. Most of thesebirds are trapped as they migratethrough the Mediterranean fromnorthern Europe to spend thewinter in Africa and includefamiliar British birds such asblackcaps and robins.

The picture emerging fromautumn 2010 is one of birdtrapping on a scale unseen sinceBirdLife’s monitoring work beganalmost 10 years previously.Whilst trapping levels are stilllower than in the 1990s, therehas been a 75% increase in mistnet use and an 89% increase inlimestick setting compared withautumn 2009. Autumn trappinglevels have been on a generalupward trend for four years now.

A nine-year high in mist nettingactivity represents a seriousfailure on the part of both Cyprusand UK authorities, with mistnetting levels five times higher inthe Dhekelia Sovereign BaseArea (SBA) than in adjacentRepublic areas. Trappers arebelieved to be making hundredsof thousands of Euros by sellingblackcaps and other birds to beserved up as illegal andexpensive ambelopouliadelicacies. Enforcement actionby the SBA Police and Cyprus

Game Fund resulted in seizuresof trapping paraphernalia andarrests of suspected trappers. Itwas followed up by raids by theCyprus Police on restaurantsselling ambelopoulia. More than4,000 stored blackcaps and otherprotected birds wereconfiscated, as well as nets,calling machines and limesticks,and a number of arrests were made.

In spite of this, the figures fromthe BirdLife Cyprus reportdemonstrate that more needs tobe done to crack this problem.Consequently, the RSPB wroteto the Ministry of Defence (MoD)in London and held meetings,jointly with BirdLife Cyprus, withMoD representatives on Cyprus.We were pleased to hear thatfurther enforcement operationswere planned for the SBA areasin autumn 2011. However, theRSPB remains of the view thatmore and targeted enforcementwork resulting in increasedarrests and convictions will benecessary to end this lucrativeand organised crime.

Meanwhile, the Republic’sInterior Minister vowed to tackletrapping in time for Cyprus’sPresidency of the EU in July2012 during the Bern Conventionpan-European conference onillegal bird killing, held in Larnacain July 2011. The conference sentout a clear message of “zerotolerance” for trapping andprovided a great springboard fora renewed effort to tackle

RSPB International updateBird trapping increase on British bases in Cyprus

The fact that more than fivetimes the level of nettingactivity was recorded onthe UK’s Sovereign BaseArea compared with theCypriot Republic is anembarrassment for theMinistry of Defence and theUK Government. We knowthat considerable effortshave been made toapprehend trappers andclear trapping equipmentfrom the Base Area, butthis serious organisedcriminal activity and annualcarnage will only be endedby increasing the level ofarrests and convictionscombined with stampingout the practice of eatingambelopoulia.

Recommendation:Increase the level ofenforcement effortcombating the trapping ofmigrating birds at SovereignBase Areas on Cyprus andcontinue to support effortsto change public attitudesand reduce the eating ofambelopoulia in restaurants.

trapping and the illegal restauranttrade in the Republic of Cyprusover the coming year. It isimportant now that enforcementactivities in the SBAs complementthis renewed effort.

Robin caught on alimestick in Cyprus

49

G Shorrock (rsp

b-images.co

m)

Appendices7

50

51

Appendix I – Incidents reported tothe RSPB 2005 – 2010

The table below shows the number of incidents reported to the RSPB for each year for the categoriesspecified.

In 2009, the RSPB ceased recording certain categories of incidents, such as the shooting and destructionof non bird of prey species. The figures supplied do not therefore give a total figure for wild bird crime inthe UK and are not comparable with figures provided for years prior to 2009.

Incident type 2005 2006 2007 2008 2009 2010

Shooting and destruction of birds of prey 154 208 273 236 277 227

Theft, sale and possession of birds of prey 31 41 25 47 73 31

Poisoning and use of poisoned baits 104 195 163 134 153 128

Import and export of live or dead birds 8 28 2 1 3 2

Theft, sale and possession of non bird of prey species 40 67 58 69 104 63

Taxidermy and possession of dead wild birds 15 19 11 5 8 4

Egg collecting and egg thefts 60 77 43 39 63 40

Sale of eggs 15 16 18 14 2 2

Photography and disturbance 22 25 32 29 38 31

Total 449 676 625 574 721 527

UK breakdown for above incident types in 2010:

England 370

Scotland 97

Wales 40

Northern Ireland 13

UK unspecified 7

Total no. UK incidents recorded by the RSPB in 2010: 527

Note: Reported incident totals for previous years may have changed due to a number of belated reports oradditional information received after the publishing date for Birdcrime of that year.

52

Appendix II – Regional breakdownof incidents reported in 2010

Region County Birds of prey or owls Other * Total

Eastern England Bedfordshire 2 2 4

Cambridgeshire 7 5 12

Essex 8 4 12

Hertfordshire 7 2 9

Lincolnshire 8 3 11

Norfolk 13 7 20

Suffolk 2 3 5

Total 47 26 73

Central England Buckinghamshire 2 3 5

Derby City 0 1 1

Derbyshire 20 9 29

Herefordshire 4 2 6

Leicester City 1 0 1

Leicestershire 7 2 9

Northamptonshire 6 1 7

Nottinghamshire 5 2 7

Oxfordshire 2 0 2

Rutland 2 0 2

Shropshire 11 4 15

Staffordshire 4 5 9

Warwickshire 1 2 3

West Midlands 6 5 11

Worcestershire 3 4 7

Total 74 40 114

Northern England Cheshire 3 1 4

County Durham 10 3 13

Cumbria 10 2 12

East Riding of Yorkshire 4 0 4

Greater Manchester 5 3 8

Lancashire 12 5 17

Merseyside 3 5 8

North Yorkshire 54 19 73

Northumberland 20 7 27

South Yorkshire 9 5 14

Tyne and Wear 5 2 7

West Yorkshire 9 2 11

Total 144 54 198

53

Region County Birds of prey or owls Other * Total

South East England East Sussex 3 2 5

Greater London 13 6 19

Hampshire 2 2 4

Isle of Wight 1 2 3

Kent 1 2 3

Reading 0 0 0

Surrey 0 1 1

West Berkshire 0 0 0

West Sussex 0 2 2

Total 20 17 37

South West England Cornwall 4 2 6

Devon 9 15 24

Dorset 3 2 5

Gloucestershire 6 1 7

Herefordshire 1 3 4

Somerset 3 1 4

Wiltshire 3 2 5

Total 29 26 55

Northern Ireland Antrim 4 0 4

Armagh 4 0 4

Down 1 0 1

Londonderry 1 0 1

Tyrone 2 1 3

Total 12 1 13

East Scotland Aberdeenshire 0 6 6

Angus 9 3 12

Fife 1 1 2

Moray 1 0 1

Perth and Kinross 5 2 7

Total 16 12 28

North Scotland Highland 41 12 53

Western Isles 1 0 1

Total 42 12 54

54

Note: Incidents where the location was only given as “England”, “Northern Ireland”, “Scotland”, “Wales” or“United Kingdom” are not included.

*In 2009, the RSPB ceased recording certain categories of incidents, such as the shooting and destructionof non bird of prey species. The figures supplied for each region in the “other” column do not thereforegive a total figure for non bird of prey incidents and are not comparable with figures provided for years priorto 2009.

Region County Birds of prey or owls Other* Total

South & West Scotland Argyll and Bute 1 0 1

Clackmannanshire 0 1 1

Dumfries and Galloway 7 2 9

East Ayrshire 2 0 2

Falkirk 1 0 1

Scottish Borders 4 0 4

South Lanarkshire 3 3 3

Stirling 4 1 5

West Lothian 2 0 2

Total 24 4 28

Wales Bridgend 1 0 1

Cardiff 1 1 2

Carmarthenshire 1 4 5

Ceredigion 2 1 3

Conwy 2 1 3

Denbighshire 1 2 3

Flintshire 0 1 1

Gwynedd 2 0 2

Isle of Anglesey 2 1 3

Monmouthshire 2 1 3

Powys 1 0 1

Rhondda Cynon Taff 11 1 12

Swansea City 1 0 1

Vale of Glamorgan 0 1 1

Wrexham 0 1 1

Total 27 15 42

Appendix II – Regional breakdownof incidents reported in 2010

55

Appendix III – Confirmed andprobable bird of prey and owlpersecution during 2010

Persecution type Month Species Confirmed Probable County

SHOOTING January Peregrine 1 0 Herefordshire

Buzzard 1 0 Leicestershire

Red kite 0 1 North Yorkshire

February Buzzard 1 0 Hertfordshire

Buzzard 1 0 Dorset

Peregrine 1 0 Cambridgeshire

Goshawk 1 0 North Yorkshire

Buzzard 1 0 Hertfordshire

Peregrine 0 2 Derbyshire

March Sparrowhawk 1 0 West Midlands

Buzzard 1 0 Cornwall

Buzzard 0 1 North Yorkshire

Peregrine 0 3 Stirling

Red kite 0 1 Bedfordshire

Goshawk 0 1 South Yorkshire

Tawny owl 0 1 Bedfordshire

Kestrel 0 1 Kent

Sparrowhawk 1 0 County Durham

April Buzzard 1 0 County Durham

Peregrine 1 0 East Sussex

Red kite 0 1 Norfolk

Peregrine 0 1 Dumfries and Galloway

Peregrine 0 1 Stirling

Barn owl 0 1 Essex

Buzzard 0 1 Rhondda Cynon Taff

Kestrel 0 1 Rhondda Cynon Taff

May Sparrowhawk 0 1 Dorset

June Peregrine 3 0 Lancashire

Red kite 1 0 Hertfordshire

Buzzard 0 1 South Lanarkshire

July Barn owl 1 0 Staffordshire

August Red kite 1 0 Cumbria

Buzzard 0 1 Surrey

Buzzard/birds of prey 0 13 Highland

Barn owl 0 1 Wiltshire

Hobby 0 1 Gloucestershire

Kestrel 0 1 Cumbria

September Buzzard 1 0 North Yorkshire

Osprey 1 0 Highland

Peregrine 1 0 Cumbria

Osprey 1 0 West Sussex

56

Persecution type Month Species Confirmed Probable County

Buzzard 0 1 Hampshire

October Peregrine 1 0 Down

Osprey 1 0 Lincolnshire

Short-eared owl 1 0 South Lanarkshire

Buzzard 1 0 Strathclyde

Osprey 1 0 East Riding of Yorkshire

Bird of prey 0 1 Argyll and Bute

December Buzzard 1 0 Derbyshire

Barn owl 0 1 UK

Peregrine 0 1 North Yorkshire

Hen harrier 0 1 North Yorkshire

Short-eared owl 0 1 North Yorkshire

Buzzard 0 1 Hertfordshire

Total 28 43

NEST DESTRUCTION April Buzzard 0 1 County Durham

Golden eagle 0 1 Falkirk

Peregrine 1 0 South Lanarkshire

May Peregrine 3 0 Staffordshire

Peregrine 2 0 Dumfries and Galloway

Peregrine 1 0 Gloucestershire

Peregrine 0 1 Dumfries and Galloway

Buzzard 0 1 Essex

Peregrine 0 1 Derbyshire

June Hen harrier 0 1 Moray

Unspecified Merlin 0 1 North Yorkshire

Total 7 7

ILLEGAL SPRING April Birds of prey 0 ? Northumberland

TRAPPING May Goshawk 1 0 Highland

Hen harrier 1 0 Highland

Peregrine ? 0 Staffordshire

Birds of prey ? 0 Highland

June Birds of prey 1 0 West Yorkshire

Red kite 0 1 Highland

Birds of prey ? 0 Highland

Birds of prey ? 0 Highland

Birds of prey ? 0 Highland

Tawny owl 0 1 Devon

Red kite 1 0 Highland

Appendix III – Confirmed andprobable bird of prey and owlpersecution during 2010

57

Persecution type Month Species Confirmed Probable County

July Birds of prey 0 ? Essex

Birds of prey 0 ? North Yorkshire

August Buzzard 1 0 Shropshire

Birds of prey 0 ? Leicestershire

Birds of prey ? 0 Leicestershire

September Birds of prey ? 0 Highland

Birds of prey ? 0 Highland

Birds of prey ? 0 Highland

Birds of prey 0 ? Highland

November Sparrowhawk 1 0 Durham

Unspecified Birds of prey 0 ? North Yorkshire

Birds of prey 0 ? Leicestershire

Total 6 2

ILLEGAL TRAPPING March Peregrine 0 1 North Yorkshire

(OTHER) Kestrel 0 1 Northumberland

Birds of prey ? 0 Angus

April Goshawk ? 0 Derbyshire

Sparrowhawk 1 0 Derbyshire

Sparrowhawk 0 1 Shropshire

Buzzard 0 1 North Yorkshire

Sparrowhawk ? 0 North Yorkshire

May Goshawk/ birds of prey ? 0 Derbyshire

Buzzard 0 1 Northumberland

Sparrowhawk ? 0 Stirling

June Tawny owl 0 1 North Yorkshire

July Kestrel 0 1 East Riding of Yorkshire

August Kestrel 0 1 Lincolnshire

September Goshawk 1 0 Angus

November birds of prey ? 0 Derbyshire

Total 2 8

February Hen harrier 0 1 North Yorkshire

Peregrine 0 1 Lancashire

Peregrine 0 1 Merseyside

Hen harrier 0 1 North Yorkshire

Peregrine 0 1 Lancashire

Peregrine 0 1 Merseyside

April Red kite 1 0 Highland

Osprey 0 1 Rutland

Osprey 0 1 Rutland

Bird of prey 0 1 South Yorkshire

Sparrowhawk 1 0 Highland

5858

For definitions of the categories “confirmed” and “probable” please see page 6.

? – no bird found, but the most likely/known target is listed.

Persecution type Month Species Confirmed Probable County

OTHER May Bird of prey 0 ? Derbyshire

Peregrine falcon 0 1 Cumbria

Buzzard 0 1 Cumbria

Hen harrier 0 1 Perth And Kinross

June Buzzard 0 1 County Durham

October Bird of prey 0 ? Norfolk

November Hen harrier 0 1 North Yorkshire

Unspecified Sparrowhawk/Peregrine ? 1 Tyne and Wear

Sparrowhawk 0 ? Tyne and Wear

Peregrine 0 ? Tyne and Wear

Sparrowhawk/ birds of prey ? ? Tyne and Wear

Goshawk 0 2 North Yorkshire

Golden eagle 0 1 Highland

Golden eagle 0 1 Highland

Golden eagle 0 1 Highland

Golden eagle 0 1 Highland

Hen harrier or short-eared owl 0 1 North Yorkshire

Buzzard 0 1 North Yorkshire

Total 2 19

Appendix III – Confirmed andprobable bird of prey and owlpersecution during 2010

5959

Appendix IV – Confirmed poisonabuse incidents during 2010

Month Victim Number Poison County BaitJanuary Red kite 1 Carbofuran Dumfries and Galloway -January Dog 1 Aldicarb Norfolk -February Buzzard 2 Carbofuran Derbyshire OtherFebruary Buzzard 2 Alphachloralose North Yorkshire Rabbit bait x 2February Red kite 2 Alphachloralose Northumberland -March Buzzard 2 Alphachloralose Lancashire -March Goshawk 1 Carbofuran North Yorkshire -March Red kite 1 Fenthion Ceredigion -March Red kite 1 Mevinphos Lincolnshire -March Magpie 1 Mevinphos Suffolk -March Carrion crow 2 Mevinphos Suffolk -March – B Carbofuran Antrim Pigeon baitMarch Dog 1 Bendiocarb Greater London BreadMarch Mallard 1 Bendiocarb Greater London BreadMarch Moorhen 6 Bendiocarb Greater London BreadMarch Woodpigeon 10 Bendiocarb Greater London BreadMarch Canada goose 11 Bendiocarb Greater London BreadMarch Greylag goose 1 Bendiocarb Greater London BreadMarch Carrion crow 20 Bendiocarb Greater London BreadMarch Red kite 1 Alphachloralose North Yorkshire -March Buzzard 1 Carbofuran Dumfries and Galloway -March Red kite 1 Bendiocarb Northamptonshire -March Red kite 1 Bendiocarb Northamptonshire -March Raven 2 Diazinon Shropshire -March Buzzard 2 Carbofuran Highland -April Buzzard 1 Carbofuran Ceredigion -April Red kite 1 Carbofuran Ceredigion -April – B Bromodiolone/Difenacoum Essex GrainApril Buzzard 2 Carbofuran Antrim -April Buzzard 2 Carbofuran Armagh Meat baitApril Buzzard 4 Carbofuran Derbyshire Pheasant baitApril Red kite 1 Alphachloralose North Yorkshire -April Buzzard 1 Carbofuran Norfolk -April Carrion crow 1 Carbosulfan Dumfries and Galloway -April Red kite 1 Carbofuran County Durham -April – B A’chloralose/Difenacoum Kent GrainApril Peregrine 1 Aldicarb West LothianMay Peregrine 1 Aldicarb West LothianMay – B Mevinphos North Yorkshire Day old chicks (13)May – B Bendiocarb Kent GrainMay Golden eagle 1 Aldicarb Highland -May Peregrine 2 Diazinon Shropshire -May Golden eagle 1 Carbofuran Highland -May Golden eagle 1 Carbofuran Highland -May Sparrowhawk 1 Carbofuran Highland Grouse baitMay Red kite 1 Aldicarb Highland -May – B Carbosulfan/ Carbofuran Highland Meat bait x 2May – B Alphachloralose Grampian Egg shellsMay Red kite 1 Aldicarb Highland -May Red kite 1 Carbofuran Highland Grouse baitMay Red kite 1 Carbofuran Angus -June Peregrine 1 Diazinon Gloucestershire -June Red kite 2 Carbofuran North Yorkshire -June Red kite 1 Carbofuran Northumberland -

60

Month Victim Number Poison County BaitJune White-tailed eagle 1 Carbofuran Highland -June Golden eagle 1 Carbofuran Highland -July Peregrine 1 Carbofuran Monmouthshire Pigeon baitJuly Peregrine 1 Carbofuran Londonderry -July Peregrine 1 Alphachloralose Londonderry -July Red kite 1 Mevinphos Stirling Grouse baitJuly Red kite 1 Carbofuran Perth and KinrossAugust – B Aldicarb Gwynedd Pheasant baitAugust Dog 1 Aldicarb North Yorkshire -September Goshawk 1 Carbofuran Swansea city -September Buzzard 1 Alphachloralose Armagh Rabbit bait x 2September Buzzard 2 Carbofuran Highland Rabbit baitSeptember – B Aldicarb Highland Rabbit baitSeptember Buzzard 1 Alphachloralose Angus -October Buzzard 1 Bendiocarb/Carbofuran/ North Yorkshire -

MevinphosOctober Buzzard 1 Carbofuran Angus Pigeon baitOctober – B Carbofuran Angus Pigeon baitOctober Buzzard 2 Carbofuran Highland Rabbit baitOctober Buzzard 1 Carbofuran Somerset -October Buzzard 2 Isophephos/Carbofuran Perth and Kinross -November Golden eagle 1 Carbofuran Tyrone -November Raven 1 Carbofuran Tyrone -November Buzzard 1 Carbofuran Scottish Borders -November Buzzard 1 Carbofuran Scottish Borders Pheasant baitDecember Red kite 1 Alphachloralose Perth and Kinross -

Total 129

Items grouped by shading refer to one incident involving more than one species.

“B” indicates that a bait, but no victim, was found.

Appendix IV – Confirmed poisonabuse incidents during 2010

61

Appendix V – Schedule 1 nestrobberies during 2010

Species No. of nests Nest content CountyPeregrine 1 Chicks NottinghamPeregrine 1 Eggs Rhondda Cynon TaffPeregrine 1 Eggs Rhondda Cynon TaffPeregrine 1 Eggs Rhondda Cynon TaffPeregrine 1 Eggs Rhondda Cynon TaffPeregrine 1 Chicks LancashirePeregrine 1 Unknown NorthumberlandGolden eagle 1 Eggs Western IslesGolden eagle 1 Eggs HighlandRed kite 1 Eggs WalesStone-curlew 1 Eggs NorfolkStone-curlew 1 Eggs NorfolkTotal 12

Confirmed

Species No. of nests Nest content CountyMarsh harrier 1 Eggs NorfolkWood sandpiper 1 Eggs HighlandBarn owl 1 Chicks and eggs Greater ManchesterBarn owl 1 Eggs Greater ManchesterPeregrine 1 Eggs CumbriaPeregrine 1 Unknown NorthumberlandPeregrine 1 Unknown NorthumberlandPeregrine 1 Unknown Scottish BordersTotal 8

Probable

For definitions of categories please see page 6

62

Appendix VI – Wild bird relatedprosecutions in 2010

Date Act Section Charges Prosecutor Court Surname Plea Outcome

06-Jan-10 Wildlife and Countryside Act1981

4(1) &32(1)

1 Fiscal Dunfermline Sheriff Livingstone G G

15-Jan-10 Wildlife and Countryside Act1981

1(1)(a) 1 RSPCA PeterboroughMagistrates

Cockerill G G

18-Jan-10 Wildlife and Countryside Act1981

1(1)(a) 2 RSPCA Dover Magistrates Juvenile U D

22-Jan-10 Wildlife and Countryside Act1981

18(2) 1 CPS Basildon Magistrates Sutton G G

22-Jan-10 Firearms Act 1968 19 1 CPS Basildon Magistrates Sutton U D

01-Feb-10 Wildlife and Countryside Act1981

1(1)(a) 1 RSPCA Walsall Magistrates Jackson G G

01-Feb-10 Wildlife and Countryside Act1981

1(2)(a) 1 RSPCA Walsall Magistrates Jackson G G

01-Feb-10 Wildlife and Countryside Act1981

5(1)(b) 1 RSPCA Walsall Magistrates Jackson G G

16-Feb-10 Wildlife and Countryside Act1981

1(2)(a) 3 RSPCA Hexham Magistrates McGough G G

16-Feb-10 Animal Welfare Act 2006 4(1) 8 RSPCA Hexham Magistrates McGough G G

16-Feb-10 Wildlife and Countryside Act1981

6(1)(a) 4 RSPCA Hexham Magistrates McGough U D

16-Feb-10 Wildlife and Countryside Act1981

18(2) 2 CPS Hexham Magistrates McGough U D

28-Feb-10 Customs and ExciseManagement Act 1979

170(2)(b) 14 CPS Leeds Crown Court Pitchforth G G G

28-Feb-10 Control of Trade in EndangeredSpecies (Enforcement)Regulations 1997

8(1) 9 CPS Leeds Crown Court Pitchforth G G G

28-Feb-10 Customs and ExciseManagement Act 1979

170(2)(b) 23 CPS Leeds Crown Court Pitchforth G U D

28-Feb-10 Control of Trade in EndangeredSpecies (Enforcement)Regulations 1997

8(1) 5 CPS Leeds Crown Court Pitchforth G U D

63

Penalty type PenaltyPenalty type2

Penalty 2 Details

Admonishment Defendant pleaded guilty to killing a lesser-black backed gull. Donation of £500made to SSPCA.

CO 60 hours’unpaid work

Defendant pleaded guilty to killing a house sparrow. Ordered to pay £200costs.

CD 18 months Defendant pleaded guilty to possession of an air weapon as an item capableof being used to kill wild birds.

Defendant pleaded guilty to three charges relating to the trapping andpossession of finches.

Fine £300

CD 18 months Defendant pleaded guilty to three charges of possessing wild birds (twobramblings and a siskin) and eight charges of causing unnecessary suffering.Ordered to pay costs of £10,760 and banned from keeping birds, other thanpoultry, for one year.

Jail 44 weeks’imprisonmentsuspended for18 months

CO 200 hours’unpaidwork

Both defendants pleaded guilty to 14 counts of smuggling dead CITES listedspecimens and parts and derivatives. Further pleas to nine counts of unlawfultrade in such specimens. Species included a variety of birds of prey, owls,primates, reptiles and butterflies, plus a hornbill, an otter and a lion.

64

Appendix VI – Wild bird relatedprosecutions in 2010

Date Act Section Charges Prosecutor Court Surname Plea Outcome

28-Feb-10 Customs and Excise Management Act1979

170(2)(b) 14 CPS Leeds Crown Court Pitchforth N G G

28-Feb-10 Control of Trade in Endangered Species(Enforcement) Regulations 1997

8(1) 9 CPS Leeds Crown Court Pitchforth N G G

28-Feb-10 Customs and Excise Management Act1979

170(2)(b) 23 CPS Leeds Crown Court Pitchforth N U D

28-Feb-10 Control of Trade in Endangered Species(Enforcement) Regulations 1997

8(1) 5 CPS Leeds Crown Court Pitchforth N U D

03-Mar-10 Wildlife and Countryside Act 1981 5(1)a 2 RSPCA AldershotMagistrates

Peel U G

17-Mar-10 Wildlife and Countryside Act 1981 5(1)b 1 RSPCA WolverhamptonMagistrates

Hickman G G

24-Mar-10 Wildlife and Countryside Act 1981 18(2) 1 RSPCA Stockport Magistrates Dee NG D

24-Mar-10 Wildlife and Countryside Act 1981 1(2)a 1 Fiscal Perth Sheriff Kerr G G

24-Mar-10 Wildlife and Countryside Act 1981 8(1) 1 Fiscal Perth Sheriff Kerr G G

24-Mar-10 Wildlife and Countryside Act 1981 1(1)a 1 Fiscal Perth Sheriff Kerr NG NG

24-Mar-10 Wildlife and Countryside Act 1981 1(2)(a) 1 Fiscal Perth Sheriff Kerr NG NG

31-Mar-10 Wildlife and Countryside Act 1981 6(1)(a) 1 CPS Alnwick Magistrates Pyrtherch G G

31-Mar-10 Wildlife and Countryside Act 1981 18(2) 1 CPS Alnwick Magistrates Pyrtherch NG D

21-Apr-10 Wildlife and Countryside Act 1981 1(2)a 7 CPS Hereford Magistrates Walker G G

21-Apr-10 Wildlife and Countryside Act 1981 18(1) 9 CPS Hereford Magistrates Walker G G

21-Apr-10 Wildlife and Countryside Act 1981 5(1)d 1 CPS Hereford Magistrates Walker G G

65

e Penalty type Penalty Penalty type 2 Penalty 2 Details

Jail 44 weeks’imprisonmentsuspended for18 months

CO 200 hours’unpaid work

Both defendants pleaded guilty to 14 counts of smuggling dead CITESlisted specimens and parts and derivatives. Further pleas to nine countsof unlawful trade in such specimens. Species included a variety of birdsof prey, owls, primates, reptiles and butterflies, plus a hornbill, an otter and a lion.

Defendant pleaded guilty to two charges of killing wild birds. Ordered topay £20 costs.

Defendant pleaded guilty to releasing a non-native bird.

CD 6 months

CD 2 years

Fine £400 Defendant pleaded guilty to two charges. These related to the shootingof a buzzard, which was found in the back of his Land Rover, andpossession of a tub containing alphachloralose and carbofuran found inhis jacket pocket.

Admonishment

Defendant pleaded guilty to exposing 54 birds’ eggs for sale. Ordered topay £70 costs.

Defendant pleaded guilty to 17 charges. These involved the intentionalkilling of two buzzards and five ravens, the laying of nine poisoned baitsand the possession of the pesticide bendiocarb for use in poisoning inoffences. Ordered to pay £85 costs.

Fine £1,000

Fine £500

Fine £400

Fine £100

66

Appendix VI – Wild bird relatedprosecutions in 2010

Date Act Section Charges Prosecutor Court Surname Plea Outco

18-May-10 Wildlife and Countryside Act 1981 1(2)(a) 3 RSPCA Walsall Magistrates Kemp G G

18-May-10 Wildlife and Countryside Act 1981 5(1)(b) 1 RSPCA Walsall Magistrates Kemp G G

18-May-10 Wildlife and Countryside Act 1981 8(1) 1 RSPCA Walsall Magistrates Kemp G G

18-May-10 Wildlife and Countryside Act 1981 18(1) 1 RSPCA Walsall Magistrates Kemp G G

18-May-10 Wildlife and Countryside Act 1981 18(2) 1 RSPCA Walsall Magistrates Kemp G G

24-May-10 Wildlife and Countryside Act 1981 1(2)(a) 3 RSPCA Telford Magistrates Marsh NG D

24-May-10 Wildlife and Countryside Act 1981 18(2) 1 RSPCA Telford Magistrates Marsh NG D

11-Jun-10 Control of Trade in EndangeredSpecies (Enforcement) Regulations1997

8(1) 6 CPS Norwich Crown Rowland G G

11-Jun-10 Control of Trade in EndangeredSpecies (Enforcement) Regulations1997

8(1) 4 CPS Norwich Crown Rowland U D

18-Jun-10 Wildlife and Countryside Act 1981 1(1)(a) 1 CPS Bedford Magistrates Miah G G

18-Jun-10 Theft Act 1968 1 1 CPS Bedford Magistrates Miah U D

01-Jul-10 Wildlife and Countryside Act 1981 1(1)(a) 1 RSPCA Teesside Magistrates Juvenile U G

05-Jul-10 Control of Trade in EndangeredSpecies (Enforcement) Regulations1997

9(6) 1 CPS Carlisle Magistrates Miller U G

05-Jul-10 Wildlife and Countryside Act 1981 1(2)(a) 1 RSPCA HaverfordwestMagistrates

Price G G

05-Jul-10 Wildlife and Countryside Act 1981 1(2)(a) 1 RSPCA HaverfordwestMagistrates

Price G G

05-Jul-10 Wildlife and Countryside Act 1981 18(2) 1 RSPCA HaverfordwestMagistrates

Price G G

05-Jul-10 Wildlife and Countryside Act 1981 8(1) 1 HaverfordwestMagistrates

Price D

67

ome Penalty type Penalty Penalty type 2 Penalty 2 Details

Jail 16 weeks’imprisonmentsuspended for 18 months

CO 200 hours’unpaidwork

Defendant pleaded guilty to seven charges relating to the trappingand possession of finches. Ordered to pay £900 costs.

Jail 6 months (plusthree months from previoussuspendedsentence)

28 days Defendant pleaded guilty to six charges of unlawful trading in birdtaxidermy specimens and rhino horn. He received a further threemonths’ imprisonment to run consecutively from a previoussuspended sentence in 2005 for similar offences. A Serious CrimePrevention Order was issued banning possession or trade in anyspecies controlled under UK or EU law for three years.

Defendant pleaded guilty to killing a mute swan. Ordered to pay£85 costs.

Defendant convicted of obstructing an Animal Health WildlifeInspector when trying to undertake an unannounced inspection ofbirds. Ordered to pay £65 costs.

Defendant pleaded guilty to three charges relating to thepossession of finches and trapping equipment.

Jail 12 weekssuspended for 12 months

YRO 3 months

Fine £300

Fine £400

68

Appendix VI – Wild bird relatedprosecutions in 2010

Date Act Section Charges Prosecutor Court Surname Plea Outc

07-Jul-10 Wildlife and Countryside Act 1981 1(1)(a) 2 CPS Nottingham Magistrates Kisiel G G

07-Jul-10 Wildlife and Countryside Act 1981 18 (2) 3 CPS Nottingham Magistrates Kisiel NG G

16-Jul-10 Wildlife and Countryside Act 1981 1(2)a 3 RSPCA Slough Magistrates Vellas G G

16-Jul-10 Wildlife and Countryside Act 1981 1(1)(a) 1 RSPCA Slough Magistrates Vellas G G

16-Jul-10 Wildlife and Countryside Act 1981 1(1)(a) 2 RSPCA Slough Magistrates Vellas G G

16-Jul-10 Wildlife and Countryside Act 1981 1(1)(b) 3 RSPCA Slough Magistrates Vellas U D

16-Jul-10 Wildlife and Countryside Act 1981 1(1)(b) 2 RSPCA Slough Magistrates Vellas U D

26-Jul-10 Control of Trade in EndangeredSpecies (Enforcement)Regulations 1997

5(1)(f) 4 CPS Coventry Magistrates Dudley G G

26-Jul-10 Customs and Excise ManagementAct 1979

1(2)a 2 CPS Coventry Magistrates Dudley G G

26-Jul-10 Control of Trade in EndangeredSpecies (Enforcement)Regulations 1997

5(1)b 2 CPS Coventry Magistrates Dudley U D

26-Jul-10 Customs and Excise ManagementAct 1979

18(2) 1 CPS Coventry Magistrates Dudley U D

18-Aug-10 Wildlife and Countryside Act 1981 1(1)(a) 1 CPS Haverfordwest Magistrates Probert C R G G

18-Aug-10 Wildlife and Countryside Act 1981 1(2)(a) 1 CPS Haverfordwest Magistrates Probert C R G G

18-Aug-10 Wildlife and Countryside Act 1981 5(1)(b) 1 CPS Haverfordwest Magistrates Probert C R G G

18-Aug-10 Wildlife and Countryside Act 1981 6(1)(a) 1 CPS Haverfordwest Magistrates Probert C R G G

18-Aug-10 Wildlife and Countryside Act 1981 1(2)(a) 1 CPS Haverfordwest Magistrates Probert C R NG D

18-Aug-10 Wildlife and Countryside Act 1981 1(2)(a) 2 CPS Haverfordwest Magistrates Probert K T G G

18-Aug-10 Wildlife and Countryside Act 1981 18(2) 1 CPS Haverfordwest Magistrates Probert K T G G

18-Aug-10 Wildlife and Countryside Act 1981 5(1)(b) 2 CPS Haverfordwest Magistrates Probert K T G G

18-Aug-10 Wildlife and Countryside Act 1981 1(2)(a) 1 CPS Haverfordwest Magistrates Probert P G G

69

ome Penalty type Penalty Penalty type 2 Penalty 2 Details

Jail 28 dayssuspended for12 months

CO 150 hours’unpaid work

Defendant pleaded guilty to two charges of possessing 35 birds'eggs, including seven woodlark eggs. Defendant found guilty ofthree charges of possessing items to take and possess birds' eggs,including binoculars, camera equipment, egg-blowing equipment,books, notebooks and climbing equipment. Ordered to pay £300costs and received a 12-month driving ban.

Jail 56 dayssuspended for12 months(concurrent)

Jail 6 monthssuspended fortwo years

CO 150 hours’unpaid work

Defendant pleaded guilty to six charges relating to possession ofbirds (blackcap, goldfinch, siskin), possession of trapping equipmentand attempting to take wild birds. Ordered to pay £7,500 costs andbanned from keeping birds for 10 years.

Jail 25 weekssuspended fortwo years

Fine £1,000

Jail

Defendant pleaded guilty to four charges relating to the keeping,taking, trapping and selling of finches. Ordered to pay £1,000 costs.

Defendant pleaded guilty to five charges relating to the possessionand trapping of finches and possession of trapping equipment.Ordered to pay £1,000 costs.

Defendant pleaded guilty to possession of a wild bird. Ordered topay costs of £1,000.

CD 2 years

CD 2 years

CD

CD

CD 2 years

Defendant pleaded guilty to six charges, two relating to theunlawful importation of skulls of howler monkey and loggerheadturtle. Four charges related to the unlawful trading and offering forsale of the skulls of birds and a primate. Ordered to pay costs of£2,515.

70

Appendix VI – Wild bird relatedprosecutions in 2010

Date Act Section Charges Prosecutor Court Surname Plea Outco

19-Aug-10 Customs and ExciseManagement Act 1979

170(2)(b) 1 CPS Warwick Crown Lendrum G G

19-Aug-10 Wildlife and Countryside Act 1981 1(1)(c) 1 CPS Warwick Crown Lendrum G G

19-Aug-10 Wildlife and Countryside Act 1981 1(2)(b) 1 CPS Warwick Crown Lendrum U D

21-Aug-10 Wildlife and Countryside Act 1981 1(1)(a) 1 CPS Exeter Magistrates Cook G G

09-Sep-10 Wildlife and Countryside Act 1981 1(1)(a) 1 CPS Middlesbrough Magistrates Dalton U G

09-Sep-10 Wildlife and Countryside Act 1981 1(2)(a) 1 CPS Middlesbrough Magistrates Dalton U G

18-Oct-10 Food and Environment ProtectionAct 1985

16(12)(a) 2 CPS Snaresbrook Crown Webb G G

18-Oct-10 Theft Act 1968 1(1) 2 CPS Snaresbrook Crown Webb G G

18-Oct-10 Food and Environment ProtectionAct 1985

16(12)(a) 2 CPS Snaresbrook Crown Page G G

18-Oct-10 Theft Act 1968 1(1) 2 CPS Snaresbrook Crown Page G G

20-Oct-10 Firearms Act 1968 1(1)(b) 1 CPS Hastings Magistrates Mepham R U G

20-Oct-10 Wildlife and Countryside Act 1981 1(2)(a) 1 CPS Hastings Magistrates Mepham R U G

20-Oct-10 Wildlife and Countryside Act 1981 11(1)(b) 4 CPS Hastings Magistrates Mepham R U G

20-Oct-10 Firearms Act 1968 1(2) 1 CPS Hastings Magistrates Mepham S U G

20-Oct-10 Wildlife and Countryside Act 1981 11(1)(b) 1 CPS Hastings Magistrates Mepham S U G

20-Oct-10 Wildlife and Countryside Act 1981 1(2)(a) 1 CPS Hastings Magistrates Mepham S U NG

20-Oct-10 Firearms Act 1968 1(1)(b) 1 CPS Hastings Magistrates Carley U G

20-Oct-10 Firearms Act 1968 1(2) 1 CPS Hastings Magistrates Carley U G

20-Oct-10 Wildlife and Countryside Act 1981 1(2)(a) 1 CPS Hastings Magistrates Carley U G

20-Oct-10 Wildlife and Countryside Act 1981 1(2)(a) 2 RSPCA Haverfordwest Magistrates Sharpe G G

20-Oct-10 Wildlife and Countryside Act 1981 18(2) 2 RSPCA Haverfordwest Magistrates Sharpe U D

20-Oct-10 Wildlife and Countryside Act 1981 8(1) 1 RSPCA Birmingham Magistrates Nasir NG D

22-Oct-10 Wildlife and Countryside Act 1981 1(1)(b) 1 CPS Brighton Magistrates Bala G G

71

ome Penalty type Penalty Penalty type 2 Penalty 2 Details

Jail 30 months(concurrent). Laterreduced on appeal to 18 months.

Defendant pleaded guilty to trying to smuggle 14 peregrine eggsout of the UK to Dubai. Believed the eggs were for hatching forbirds for the falconry market. Items forfeited included a car,incubators, climbing equipment, binoculars and a telescope.

Defendant pleaded guilty to killing a gull. Ordered to pay £85costs.

CD 6 months

CO 40 hours’ unpaidwork

Defendant was a pest control officer employed by NewhamCouncil. Pleaded guilty to theft of the pesticide bendiocarb fromhis employer and using the product to poison at least 60 birdsand a dog in a public park.

Defendant was a pest control officer employed by NewhamCouncil. Pleaded guilty to theft of the pesticide bendiocarb fromhis employer and using the product to poison at least 60 birdsand a dog in a public park.

Defendant pleaded guilty to two charges of possessing finches.Ordered to pay £250 costs.

Defendant pleaded guilty to destroying an active herring gull nest.Ordered to pay £280 costs.

Jail 4 months Fine £7,000

Jail 4 months Fine £7,000

Jail 90 days suspendedfor 2 years

CO 150 hours’unpaid work

CO 150 hours’ unpaidwork

Jail 60 days suspendedfor 2 years

CO 200 hours’unpaid work

CD 2 years

CD 12 months

72

Appendix VI – Wild bird relatedprosecutions in 2010

CD Conditional DischargeCO Community OrderD DiscontinuedG GuiltyNG Not Guilty

NP Not ProvenNSP No Separate PenaltyTIC Taken Into ConsiderationU UnknownYRO Youth Referral Order

Key to Appendix VI

Date Act Section Charges Prosecutor Court Surname Plea Outco

05-Nov-10 Control of Trade in EndangeredSpecies (Enforcement) Regulations1997

8(1) 2 CPS Torquay Magistrates Hill NG G

05-Nov-10 Wildlife and Countryside Act 1981 7(1) 3 CPS Torquay Magistrates Hill NG G

05-Nov-10 Wildlife and Countryside Act 1981 7(1) 1 CPS Torquay Magistrates Hill NG NG

05-Nov-10 Wildlife and Countryside Act 1981 19XB(2) 1 CPS Torquay Magistrates Hill NG D

08-Nov-10 Firearms Act 1968 1(1)(a) 1 RSPCA Exeter Magistrates Steven G G

17-Nov-10 Wildlife and Countryside Act 1981 5(1)(a) 1 Fiscal Lanark Sheriff Whitham G G

17-Nov-10 Wildlife and Countryside Act 1981 15A 1 Fiscal Lanark Sheriff Whitham NG NG

19-Nov-10 Wildlife and Countryside Act 1981 1(2)(a) 2 CPS Barnsley Magistrates Fay U G

22-Nov-10 Control of Trade in EndangeredSpecies (Enforcement) Regulations1997

8 (2) 3 CPS Birmingham Crown McDonagh G G

22-Nov-10 Customs and Excise ManagementAct 1979

170(2)(b) 1 CPS Birmingham Crown McDonagh G G

22-Nov-10 Wildlife and Countryside Act 1981 1(2)(a) 2 RSPCA Telford Magistrates Childs G G

22-Nov-10 Wildlife and Countryside Act 1981 18(2) 1 RSPCA Telford Magistrates Childs G G

23-Nov-10 Wildlife and Countryside Act 1981 1(1)(a) 1 RSPCA Hereford Magistrates Juvenile G G

29-Nov-10 Wildlife and Countryside Act 1981 1(2)(a) 1 RSPCA Nuneaton Magistrates Willoughby G G

29-Nov-10 Wildlife and Countryside Act 1981 18(2) 1 RSPCA Nuneaton Magistrates Willoughby G G

16-Dec-10 Wildlife and Countryside Act 1981 1(2)(a) 4 RSPCA Southend-on-SeaMagistrates

Broomfield G NG G

16-Dec-10 Wildlife and Countryside Act 1981 18(2) 1 RSPCA Southend-on-SeaMagistrates

Broomfield G NG G

16-Dec-10 Wildlife and Countryside Act 1981 1(2)(a) 4 RSPCA Southend-on-SeaMagistrates

Broomfield G U D

16-Dec-10 Wildlife and Countryside Act 1981 18(2) 1 RSPCA Southend-on-SeaMagistrates

Broomfield G U D

73

ome Penalty type Penalty Penalty type 2 Penalty 2 Details

CO 300 hours’unpaid work

Defendant found guilty of three charges relating to possession ofunregistered goshawks and two charges of unlawful sale. Ordered to pay£5,580 costs.

CD 6 months Defendant pleaded guilty to killing a wild bird.

Defendant pleaded guilty to putting out a poisoned bait using the bannedpesticide carbofuran.

Fine £800

CD 12 months Defendant convicted of unlawful possession of two kestrels.

Jail 10 monthssuspended for 2 years

CO 150 hours’unpaidwork

Defendant pleaded guilty to unlawful import of 21 predominantly Africanraptors and three charges of selling a number of Annex B raptors.Ordered to pay £1,000 costs.

Jail

Fine £405 Defendant pleaded guilty to two charges of possessing wild birds andone charge of possessing items to commit offences. Ordered to pay£500 costs.

YRO 6 months Defendant pleaded guilty to injuring a wild bird. Ordered to pay £200costs.

CO 200 hours’unpaid work and 1 yearsupervisionorder

Defendant pleaded guilty to possessing goldfinches and possessingtrapping equipment.

CO 100 hours’unpaid work

Fine £700 Defendant convicted of four charges of possessing wild birds and onecharge of possessing items to commit offences. Ordered to pay £2,500costs.

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