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The RSPB’s investigations newsletter<br />

March 2016, No 78<br />

<strong>Legal</strong> <strong>Eagle</strong><br />

Stody estate loses 75% of<br />

rural subsidy<br />

In this issue: Ring ouzel chicks stolen from the wild<br />

New report on Northern Ireland’s birds of prey available<br />

Scotland restricts General Licences in wildlife crime hotspots


Guy Shorrock (RSPB) Ben Hall (rspb-images.com)<br />

Cover story<br />

As well as buzzards, a sparrowhawk is known to have been poisoned<br />

Cross compliance bites<br />

Rural subsidies have been reduced by about £185,000 for the Stody<br />

Estate, where the worst raptor poisoning case in England took place.<br />

The Rural Payments Agency (RPA)<br />

has withheld 75% of the Cross<br />

Compliance subsidy paid to the<br />

Stody Estate in 2014. In November<br />

2014, Allen Charles Lambert was<br />

convicted of a number of offences,<br />

including the poisoning of ten<br />

buzzards and a sparrowhawk by<br />

the banned pesticide mevinphos<br />

(see <strong>Legal</strong> <strong>Eagle</strong> 75). Lambert,<br />

who worked as a gamekeeper at<br />

the Norfolk estate, was given a<br />

ten-week suspended sentence.<br />

Cross compliance is a mandatory<br />

set of requirements and standards<br />

that land managers have to<br />

meet in order to receive support<br />

scheme payments. There are a<br />

number of Statutory Management<br />

Requirements (SMRs) relating<br />

to public health, animal and plant<br />

health, environmental protection<br />

and animal welfare. There are also<br />

Good Agricultural and Environmental<br />

Conditions (GAECs) relating to<br />

environmental standards. Failure to<br />

meet these requirements can result<br />

in a payment reduction.<br />

A response to a Freedom of<br />

Information (FOI) request revealed<br />

that, following an investigation<br />

by the RPA, a 75% reduction has<br />

been applied to payments made<br />

to the Stody Estate in 2014. This<br />

relates to a breach of SMR1 for the<br />

intentional killing of wild birds. It<br />

was later confirmed a reduction of<br />

€263,308.10 (about £185,000) had<br />

been applied. This is believed to be<br />

the largest penalty applied under<br />

the scheme for a wildlife crime. A<br />

reduction of around £107,000 was<br />

Nine of the poisoned buzzards found on the Stody Estate<br />

applied to the Glenogil Estate in<br />

Scotland following a number of<br />

poisoning incidents in 2006.<br />

The scheme that operated in<br />

2014 has been replaced by the<br />

current Basic Payments Scheme.<br />

This has unfortunately limited the<br />

circumstances when reduction can<br />

be made for offences of killing wild<br />

birds, though offences relating to<br />

the use of pesticides are covered<br />

under SMR10.<br />

The RSPB welcomes the<br />

work undertaken by the RPA.<br />

We believe that cross<br />

compliance sanctions should<br />

be amongst a toolkit of options<br />

to be considered by the statutory<br />

agencies when investigating raptor<br />

persecution offences.<br />

Father and daughter<br />

convicted of peregrine<br />

offences<br />

Trying to sell peregrine chicks via Facebook led to a conviction,<br />

after it became clear that the birds had been taken from the wild.<br />

On 29 October 2015, Liana Baker,<br />

21, of Central Avenue, Bury, and her<br />

father Alan Baker, 61, formerly of<br />

the same address, appeared at Bury<br />

Magistrates’ Court for sentencing.<br />

At an earlier hearing they had<br />

pleaded guilty to possession of<br />

two peregrine falcons, contrary to<br />

the Wildlife and Countryside Act<br />

1981, and offering the birds for sale,<br />

contrary to the Control of Trade in<br />

Endangered Species (Enforcement)<br />

Regulations 1997 (COTES).<br />

Liana Baker was sentenced to eight<br />

weeks in custody suspended for<br />

12 months, ordered to attend a<br />

rehabilitation of offenders course<br />

and pay £345 costs. Alan Baker was<br />

also sentenced to eight weeks in<br />

custody, suspended for 12 months.<br />

He was given a curfew from 7 pm<br />

to 7 am for eight weeks and<br />

ordered to pay £345 costs.<br />

Magistrate Ralph Naylor told the<br />

defendants that the offences were<br />

so serious that only a custodial<br />

sentence was appropriate.<br />

The offences came to light in June<br />

2015 when Liana Baker posted<br />

photographs of two peregrine<br />

falcon chicks on a falconry forum<br />

on Facebook. Her text indicated that<br />

the chicks were offered for sale at<br />

£250 each. Baker’s Facebook post<br />

sparked outrage from legitimate<br />

falconers when they realised that<br />

the birds were not ringed and were<br />

not covered by permits. It became<br />

apparent the birds had been taken<br />

from the wild. Two falconers<br />

reported the wild-taken birds<br />

to the National Wildlife Crime<br />

Unit (NWCU), which traced Baker<br />

through her Facebook account.<br />

Once it became obvious that<br />

falconers had expressed their<br />

concerns on the forum, Baker’s<br />

father contacted the RSPB to tell<br />

them that he was in possession<br />

of two young peregrine falcons.<br />

He claimed these had been handed<br />

to him to look after by an unknown<br />

person visiting their home. He<br />

made no mention of the fact that<br />

his daughter had been offering<br />

them for sale.<br />

With the help of the Royal Society<br />

for the Prevention of Cruelty<br />

to Animals (RSPCA), the RSPB<br />

arranged the recovery of the<br />

birds later the same day. After a<br />

veterinary check, RSPB officers,<br />

with the assistance of Raptor<br />

Workers from the Northern England<br />

Raptor Forum (NERF), were able<br />

to add the chicks to a nest in West<br />

Yorkshire. It already contained two<br />

chicks of a similar age, and the new<br />

chicks were readily adopted by the<br />

resident parents. They later fledged<br />

and were observed free flying with<br />

the other chicks from the nest and<br />

the adult birds.<br />

In July 2015, Liana and Alan Baker<br />

were interviewed by the NWCU<br />

and Greater Manchester Police and<br />

admitted that they had tried to sell<br />

the birds on Facebook. They claimed<br />

that they had no knowledge of the<br />

origins of the birds and that they<br />

had been brought to the house by<br />

a man that neither of them had<br />

seen previously. They claimed they<br />

had tried to care for them, but<br />

realised it was too time consuming<br />

and had then offered them for sale.<br />

Enquiries were unable to ascertain<br />

where the birds had originated from,<br />

though a number of peregrine nests<br />

Prosecutions<br />

had been robbed or failed<br />

in suspicious circumstances<br />

in the north Manchester area.<br />

Following the hearing, Andy<br />

McWilliam from the NWCU<br />

praised the falconers who brought<br />

the matter to the attention of the<br />

authorities and said: “The majority<br />

of falconers and breeders work<br />

within the law and it is reassuring<br />

to know that they are prepared<br />

to challenge criminality within the<br />

falconry world. Anybody intent<br />

on trading illegally in endangered<br />

species should be aware that they<br />

may face jail.”<br />

The NWCU thanks PC Heather<br />

Ranson for her valued work on<br />

this case.<br />

The chicks were placed in a wild<br />

nest, and continued to thrive<br />

NERF<br />

2<br />

3


Prosecutions<br />

Prosecutions<br />

Jean Thorpe<br />

Mark Thomas (RSPB)<br />

The buzzard received veterinary treatment, as it was in poor condition due to inadequate<br />

housing and food<br />

Justice for<br />

mistreated buzzard<br />

A report of a mistreated bird of prey at an address in Leeds turned into<br />

a successful prosecution for West Yorkshire Police. Wildlife Crime Officer<br />

(WCO) PC Andy Katkowski reflects on the case.<br />

“On 30 September 2015, Steven<br />

Cowan of Halton, Leeds was<br />

sentenced at Leeds Magistrates’<br />

Court. This followed an earlier guilty<br />

plea on 7 September to causing<br />

unnecessary suffering to a wild<br />

animal. He received a six-month<br />

community order, was disqualified<br />

from owning animals of any kind<br />

for two years and ordered to pay<br />

£160 costs. He was also subject<br />

to electronic monitoring, and a<br />

community order of a curfew<br />

between 7 pm and 6 am was<br />

imposed for 12 weeks.<br />

“On 24 October 2014, PCSO<br />

Stephen Wales and I were called<br />

to the address of Cowan following<br />

a report of a bird of prey being<br />

mistreated. There we found a<br />

common buzzard being kept in a<br />

coal bunker, which was underneath<br />

steps leading to the house. The<br />

housing was inappropriate and the<br />

buzzard had insufficient food, and<br />

was in poor condition. The bird was<br />

taken to a local raptor rehabilitator<br />

for treatment.<br />

“Cowan was interviewed under<br />

caution and reported for offences<br />

of possession of a wild bird and<br />

causing unnecessary suffering.<br />

“He failed to appear at court on the<br />

first appearance date and went on<br />

the run until he was eventually<br />

located in June 2015. Cowan<br />

pleaded guilty to the offence of<br />

causing unnecessary suffering and<br />

was given bail and a date to return<br />

to court after a pre-sentence report<br />

had been compiled.<br />

“The buzzard, which was forfeited<br />

from Cowan after sentencing, was<br />

rehabilitated and has subsequently<br />

been released into the wild. Thanks<br />

are due to PCSO Wales and my<br />

expert witness Jean Thorpe, without<br />

whom we would not have had the<br />

same outcome.”<br />

Bobby Thompson outside one of his aviaries as the Northumbria Police search warrant was executed<br />

Bird fancier convicted<br />

over “ringed” ouzels<br />

A Sunderland man has been prosecuted for taking wild ring ouzel chicks from<br />

a moor in County Durham.<br />

On 13 October 2015, Bobby<br />

Thompson, 69, of Meadow Close,<br />

Houghton-le-Spring, pleaded guilty<br />

at Sunderland Magistrates’ Court to<br />

taking four wild ring ouzels in 2013<br />

from Stanhope Moor, County<br />

Durham, and possession of items<br />

capable of being used to commit<br />

an offence contrary to the Wildlife<br />

and Countryside Act 1981.<br />

Thompson was given a 12-month<br />

conditional discharge, ordered to<br />

forfeit all diaries, maps and books<br />

seized during the investigation<br />

and to pay £165 costs.<br />

At Stanhope Moor in 2012, a<br />

licensed BTO bird ringer discovered<br />

three ring ouzel chicks in a nest had<br />

been “close ringed” with aviculture<br />

rings. He reported it to RSPB<br />

Investigations Officers. As a result,<br />

in July 2014, the RSPB assisted<br />

Northumbria Police and the RSPCA<br />

with a search warrant at Thompson’s<br />

home. Five ring ouzels were found,<br />

fitted with close rings, which were<br />

connected to those seen on the<br />

wild birds. Diaries were found,<br />

which documented that Thompson<br />

had taken ring ouzels from<br />

Stanhope Moor in 2012 and 2013.<br />

In October 2014, the confiscated<br />

ring ouzels were released by the<br />

RSPCA at Dungeness, Kent, to join<br />

other ring ouzels passing through on<br />

migration. In March 2015, the Crown<br />

Prosecution Service (CPS) took over<br />

the case as the RSPCA judged the<br />

case to be out of prosecution time.<br />

A legal argument before a District<br />

Judge ruled the case was in time.<br />

As a result, the defendant pleaded<br />

guilty to the five charges.<br />

The punishment could be viewed as<br />

lenient, especially as the court heard<br />

that the defendant had two previous<br />

convictions for egg collecting, but<br />

overall there was relief that the case<br />

was successful. RSPB thanks BTO<br />

ringer John Strowger, WCO PC<br />

Colin Heath of Northumbria Police,<br />

Cliff Harrison and Gary Palmer of the<br />

RSPCA, and especially CPS Wildlife<br />

Prosecutor Jonathan Moore.<br />

4 5


Prosecutions<br />

Woman sentenced after<br />

destroying swallows’ nest<br />

Prosecutions<br />

A woman was convicted after she pleaded guilty to destroying<br />

a swallows’ nest, resulting in the death of the chicks.<br />

On 28 October 2015, Eileen<br />

Spencer, 62, of Wethersfield<br />

Road, Colchester, pleaded guilty<br />

at Colchester Magistrates’ Court<br />

to intentionally destroying an active<br />

swallows’ nest, contrary to the<br />

Wildlife and Countryside Act 1981.<br />

She was ordered to pay £515 costs<br />

and received a conditional discharge.<br />

The court heard that Spencer<br />

climbed a ladder with a pole in<br />

her hand, and used it to intentionally<br />

destroy the nest outside her home<br />

on 10 June 2015.<br />

RSPCA officers were called to<br />

the site and found three nestling<br />

swallows on the ground next to<br />

the smashed nest on her driveway.<br />

When the chicks were found,<br />

they were already very cold<br />

and later died.<br />

In court, Spencer described<br />

her actions as impulsive.<br />

Following the case, RSPCA<br />

Inspector Caroline Richardson-Braun<br />

said: “It was shocking to find a nest<br />

destroyed in this way. This is the<br />

first case that I have come across<br />

of this nature. It was horrifying<br />

that someone would want to cause<br />

harm to baby birds in this cruel way.”<br />

RSPCA<br />

Above: the post from Facebook<br />

Deer killing in London<br />

– man sentenced<br />

A poacher has been given suspended sentences and a 200-hour community<br />

order after injuring a deer in Croydon, driving it home, slitting its throat and<br />

cooking it – and then boasting about his exploits on Facebook.<br />

Once the young swallow chicks’ home was destroyed by Spencer, the featherless<br />

birds lost body heat and did not survive<br />

On 7 September 2015, Mian<br />

Zeeshan Shahid, 32, of Wattendon<br />

Road, Kenley, London, pleaded<br />

guilty at Croydon Magistrates’<br />

Court to taking a deer, contrary to<br />

the Deer Act 1991, and for causing<br />

unnecessary suffering, contrary to<br />

the Animal Welfare Act 2006.<br />

Shahid was sentenced to four<br />

months for the unnecessary<br />

suffering offence and three months<br />

concurrent for taking the deer.<br />

The sentences were suspended for<br />

two years. Shahid was ordered to<br />

complete 200 hours of unpaid work.<br />

On 23 December 2014, Shahid<br />

took a deer from a field in Mitchley<br />

Avenue, South Croydon. He<br />

transported it alive and injured<br />

to his address in Kenley. Once<br />

he arrived at home, he killed<br />

the deer by cutting its throat.<br />

A member of the public called the<br />

Metropolitan Police to report that<br />

she had witnessed a man taking<br />

away an injured deer in a vehicle.<br />

On the same day, Shahid posted<br />

an update on a Facebook group<br />

called Deer Stalkers International.<br />

He boasted how he had killed a<br />

deer and “made a good meal for<br />

10 people”. Users of the group<br />

forwarded Shahid’s post to<br />

the police.<br />

Officers from the Metropolitan<br />

Police Wildlife Crime Unit executed<br />

a warrant on 18 February 2015.<br />

He was charged on 26 June with<br />

the two offences. A forfeiture order<br />

was made in relation to the air<br />

weapons and hunting gear<br />

seized at Shahid’s address.<br />

Police Constable Ian Reeve,<br />

Croydon Wildlife Crime officer,<br />

said: “Shahid caused the deer<br />

he caught a prolonged, painful<br />

and unnecessary death.<br />

“Ultimately, his boasting on<br />

the Internet and reports from<br />

eagle-eyed members of the<br />

public helped us to catch him<br />

and bring him before a court.”<br />

6<br />

7


Prosecutions<br />

Bat conviction in<br />

Worcestershire<br />

Prosecutions<br />

Rosie Corner<br />

An early guilty plea leads to a £1,000 reduction in fines, following the illegal<br />

destruction of a bat roost.<br />

Daniel Hargreaves<br />

On 29 July 2015, Stephen Donald<br />

Taylor, 55, of Berrow Green Road,<br />

Martley, pleaded guilty at Redditch<br />

Magistrates’ Court to unlawfully<br />

destroying the resting place of a<br />

European Protected Species,<br />

contrary to Regulation 41 of The<br />

Conservation of Habitats and<br />

Species Regulations 2010. He was<br />

fined £2,300 and ordered to pay<br />

costs of £270. In imposing<br />

sentence, the magistrates made<br />

the point that the fine was initially<br />

set at £3,500 but had been reduced<br />

in order to take account of Taylor’s<br />

early guilty plea.<br />

In 2014, Taylor bought a property<br />

to be his home, but he intended to<br />

improve it before moving in.<br />

To support his planning application,<br />

a bat survey was undertaken by a<br />

consultant ecologist who identified<br />

roosts of solitary common and<br />

soprano pipistrelles. The report<br />

stated there was a need to obtain<br />

a licence from Natural England (NE)<br />

before undertaking work that would<br />

impact on the roosts.<br />

Despite this advice, in autumn<br />

2014 Taylor stripped the roof of his<br />

house and carried out work which<br />

destroyed the roosts. In his defence,<br />

it was said that Taylor was confused<br />

about the licensing process and had<br />

unsuccessfully sought advice from<br />

a number of sources about how to<br />

lawfully strip the roof. The court<br />

was told that since being reported<br />

for the offence, Taylor had provided<br />

mitigation far beyond what might<br />

have been required as a condition<br />

of any licence. There was general<br />

acceptance that the destroyed<br />

roosts had not been used as a<br />

maternity or a hibernation roost<br />

and that the offence caused<br />

minimal ecological impact.<br />

In sentencing, the magistrates<br />

said they accepted that Taylor<br />

may have been confused about<br />

the licensing requirements, but<br />

nevertheless the onus was on<br />

him to do things properly.<br />

A common pipistrelle roost was destroyed when one of the buildings was demolished<br />

London bat case<br />

Fines and costs for bat roost removal cost developers more than £5,000.<br />

On 17 September 2015, City and<br />

Westminster Developments of<br />

Aston Mews, 103 Kilburn Lane,<br />

London W10 4AN, pleaded guilty<br />

at Hendon Magistrates’ Court to<br />

destroying bat roosts at Great<br />

North Way, Barnet, contrary to<br />

Regulation 41 of The Conservation<br />

of Habitats and Species<br />

Regulations 2010. The company<br />

was fined £4,500 and ordered<br />

to pay £85 costs plus a<br />

victim surcharge of £450.<br />

In order to develop an area<br />

of land, City and Westminster<br />

Developments wanted to demolish<br />

four buildings. Bat surveys were<br />

undertaken, with roosts identified<br />

in three of the buildings. Despite<br />

being aware of the roosts, on<br />

19 August 2014, demolition of<br />

one building took place, destroying<br />

a common pipistrelle roost.<br />

This case is of significance as it is<br />

the first prosecution of this nature<br />

within the Metropolitan Police area.<br />

The Bat Conservation Trust is<br />

grateful to DC Sarah Bailey of the<br />

force’s Wildlife Crime Unit and to<br />

the CPS for its work on this case.<br />

More bat roosts destroyed<br />

Failing to wait for a licence to be processed before working on a property with<br />

long-eared and pipistrelle bats led to a court appearance, and a £1,500 fine.<br />

On 18 September 2015,<br />

Timothy Bull, of Mosley Mews,<br />

Rolleston-on-Dove, Staffordshire,<br />

pleaded guilty at Burton upon Trent<br />

Magistrates’ Court to destroying<br />

common pipistrelle and brown<br />

long-eared bat roosts at Beech<br />

Lane, Stretton, Burton upon Trent,<br />

contrary to The Conservation of<br />

Habitats and Species Regulations<br />

2010. He was fined £1,500 and<br />

ordered to pay costs of £85 plus a<br />

victim surcharge of £120.<br />

Bull initially engaged with his<br />

ecological consultant about a<br />

licence application being submitted<br />

to Natural England. However, Bull<br />

destroyed the roosts before any<br />

licence was issued.<br />

The Bat Conservation Trust thanks<br />

investigating officer DC Steven<br />

Thornhill of Staffordshire Police<br />

and the CPS specialist wildlife<br />

crime prosecutor Stephen Davies<br />

for their work on this case.<br />

Paul Sutherland<br />

Soprano pipistrelles were known to be roosting in the building<br />

In 2014, Bull applied for planning<br />

permission to develop a property.<br />

A bat survey was undertaken and<br />

revealed the presence of roosts<br />

used by three common pipistrelles<br />

and one brown long-eared bat.<br />

All UK bat species, including<br />

long-eared bats, are legally<br />

protected by domestic and<br />

international legislation<br />

8<br />

9


SSPCA<br />

Prosecutions<br />

The badger died with his head partially suspended from a live electric fence<br />

Insects help convict<br />

illegal snarer<br />

The use of forensic entomology by the Scottish Society for the Prevention<br />

of Cruelty to Animals (SSPCA) has helped convict a gamekeeper for snaring<br />

offences that resulted in the death of a badger.<br />

On 3 November 2015, George<br />

Allan, 61, of Skene, Aberdeenshire,<br />

appeared for sentencing at<br />

Aberdeen Sheriff Court. Allan had<br />

previously pleaded guilty to setting<br />

a snare, failing to inspect it within<br />

24 hours and failing to fit the<br />

necessary identity tags, contrary<br />

to the Wildlife and Countryside Act<br />

1981 as amended by the Wildlife<br />

and Natural Environment Act 2011.<br />

He was fined £600.<br />

In July 2014, a member of the public<br />

reported a dead badger in a snare<br />

to the SSPCA near Easter Skene,<br />

Aberdeenshire, on the Dunecht<br />

Estate. The snare, secured to a tree,<br />

had been set close to an electric<br />

fence and, as the badger had<br />

attempted to escape, the snare<br />

wire had wrapped around the<br />

electrified strand. The badger<br />

carcass was recovered.<br />

A post-mortem examination,<br />

undertaken by SAC Consulting,<br />

indicated the animal had died<br />

of asphyxiation. It is believed the<br />

snare wire had become so twisted<br />

during the animal’s attempts to<br />

escape that it prevented it sliding<br />

back through the running eye to<br />

release the pressure. The<br />

examination also found many fly<br />

eggs and first stage larvae around<br />

the neck, legs and anus. The fly<br />

larvae were collected and stored.<br />

There is a legal requirement to<br />

check snares every 24 hours, so this<br />

discovery raised a question: how<br />

long would it take for the larvae to<br />

develop after the badger had died?<br />

After liaison with the PAW<br />

(Partnership for Action Against<br />

Wildlife Crime) Forensic Working<br />

Group (FWG), arrangements were<br />

made for an examination of the<br />

larvae by Dr Amoret Whitaker of the<br />

Forensic Entomology Unit of the<br />

Natural History Museum (NHM).<br />

The funding of this work was<br />

supported through the FWG<br />

Forensic Analysis Fund (see<br />

pawfwg.org for more details).<br />

This examination found eggs and<br />

first stage larvae of a bluebottle<br />

and a greenbottle species. Using<br />

local weather and temperature<br />

information, it was established<br />

that the larvae of both species<br />

were likely to take at least a day<br />

to emerge after the eggs were<br />

laid. This time would have been<br />

in addition to however long the<br />

badger had been alive while held<br />

in the snare.<br />

Commenting on the investigation<br />

and court case, an SSPCA inspector<br />

said: “The badger’s head was<br />

partially suspended from a live<br />

electric fence and would have been<br />

subjected to a continuous electric<br />

current. This is the first time<br />

forensic entomology has been used<br />

in an SSPCA investigation and we<br />

wish to thank SAC Consulting, the<br />

NHM and the FWG for their<br />

expertise and financial assistance.”<br />

Second Scottish vicarious<br />

liability conviction<br />

Prosecutions<br />

Once again a vicarious liability prosecution has been successful, and has<br />

forced an estate owner to take responsibility for an employee who illegally<br />

trapped and killed a bird of prey.<br />

On 1 December 2015 at Stirling<br />

Sheriff court, Graham Christie, a<br />

self-employed game farmer, pleaded<br />

guilty to an offence contrary to<br />

Section 18(A) of the Wildlife and<br />

Countryside Act 1981. Christie<br />

was fined £3,200 after admitting<br />

his liability for the crimes committed<br />

by James O’Reilly, a gamekeeper<br />

employed by him.<br />

This is the second conviction<br />

under this legislation. The law was<br />

introduced early in 2012 to try to<br />

tackle raptor persecution by<br />

encouraging landowners,<br />

employers, and those with<br />

responsibility in connection with<br />

shooting to be diligent in countering<br />

wildlife crime. It meant that Christie<br />

was responsible for O’Reilly’s<br />

actions, unless he could show<br />

he took all reasonable steps and<br />

exercised all due diligence to<br />

prevent O’Reilly from committing<br />

Pole trap conviction overturned<br />

The court found that it could not be established that the owner of a game<br />

farm had knowingly permitted the use of pole traps.<br />

On the 27 November 2015, Michael<br />

Wood, owner of a farm at Cropton,<br />

North Yorkshire, had his conviction<br />

overturned at York Crown Court.<br />

The court ordered he cover his<br />

own defence costs.<br />

In July 2013, a member of the public<br />

handed the RSPB the decomposed<br />

corpse of a tawny owl, which was<br />

claimed to have been found in<br />

a pole trap set close to game<br />

rearing pens near Cropton in<br />

North Yorkshire. A post mortem<br />

examination confirmed tissue<br />

damage to one leg but was<br />

unable to establish a cause of<br />

death. The RSPB visited the site<br />

to find the trap still in situ, with<br />

offences. Christie was asked by<br />

police how he was able to ensure<br />

everything was done properly and<br />

professionally. Christie stated:<br />

“Well, I can only tell that by the<br />

amount of pheasants that were<br />

shown on a shoot day and that<br />

he was very good to be fair”.<br />

O’Reilly was convicted on 24 April<br />

2015, and sentenced on 20 May,<br />

having pleaded guilty to four charges<br />

under the Wildlife and Countryside<br />

Act 1981, including intentionally<br />

trapping and injuring a buzzard by<br />

using an illegal gin trap on Cardross<br />

Estate in March 2013. In response<br />

to the vicarious liability conviction,<br />

Ian Thomson, RSPB Scotland’s<br />

Head of Investigations, said: “It is<br />

shocking that in 21st century<br />

Scotland, someone employed as a<br />

professional gamekeeper has not<br />

only unlawfully targeted protected<br />

birds of prey, but has used a trap<br />

the safety catch on. A covert<br />

camera was installed by the RSPB.<br />

However, it remains unknown who<br />

was responsible for this trap.<br />

RSPB Investigations Officers<br />

returned in 2014 and observed two<br />

pole traps on another part of the<br />

farm. A covert camera recorded a<br />

member of staff twice resetting one<br />

of these, and events at the site led<br />

to the case against Wood (see <strong>Legal</strong><br />

<strong>Eagle</strong> 76). In total, five set pole traps<br />

were recovered by North Yorkshire<br />

Police, and two members of staff<br />

were later cautioned.<br />

At the original trial, Wood suggested<br />

it was too dark to see the traps<br />

that has been illegal for decades.<br />

It is appalling that a game farmer is<br />

so preoccupied with the production<br />

of pheasants for sport shooting that<br />

he has disregarded his responsibility<br />

to ensure that his employee was<br />

complying with the law. The recent<br />

Review of Wildlife Crime Penalties<br />

recognised that sentences for<br />

wildlife crimes are too low.<br />

The RSPB hopes the Scottish<br />

Government implements the<br />

recommendations made by the<br />

review panel as soon as possible”.<br />

The RSPB welcomes this conviction<br />

and thanks the SSPCA, the Crown<br />

Office and Police Scotland. It is<br />

hoped that this conviction sends<br />

out two clear messages: Scotland’s<br />

birds of prey are fully protected by<br />

law, and it is the responsibility of all<br />

those involved in the ownership or<br />

management of game bird shoots to<br />

ensure they comply with legislation.<br />

during a chance visit to the site,<br />

though his wife gave contradictory<br />

evidence about the nature of the<br />

visit. The admissibility of the RSPB<br />

surveillance evidence was<br />

challenged by the defence,<br />

but accepted by the court.<br />

At the appeal, the light level,<br />

as shown on RSPB photographs,<br />

was accepted and the surveillance<br />

evidence was not contested. Wood<br />

maintained he had not seen the<br />

traps and the court accepted it could<br />

not be established he had knowingly<br />

permitted their use. The RSPB<br />

thanks North Yorkshire Police, the<br />

CPS, and barrister Laurie Scott who<br />

dealt with the appeal.<br />

10<br />

11


News<br />

Shot peregrine<br />

rehabilitated and released<br />

A juvenile peregrine was found shot in Suffolk in August 2014. Since<br />

then, the bird has had extensive specialist care and has been successfully<br />

released back into the wild. BTO ringer Peter Wilkinson takes up the story.<br />

Returning injured birds of prey to<br />

the wild takes time, determination<br />

and skill, but can be very rewarding.<br />

The Raptor Foundation, near St Ives,<br />

Cambridgeshire, has many years’<br />

experience of rehabilitating birds of<br />

prey. When the juvenile peregrine<br />

was found shot in Suffolk in August<br />

2014, the RSPB Investigations team<br />

suggested that she should be taken<br />

to the centre.<br />

X-rays showed that Madam (as she<br />

quickly became known) had shotgun<br />

pellets in her body, wing and a toe.<br />

Fortunately none of these injuries<br />

were life-threatening, but if the one<br />

in her toe had resulted in the loss of<br />

use of the foot, her return to the<br />

wild would have been impossible.<br />

Simon Dudhill, the volunteer<br />

hospital manager at the Foundation,<br />

spent considerable time providing<br />

physiotherapy to Madam’s toe over<br />

several weeks.<br />

Once it became clear that she<br />

had adequate grip in that foot<br />

and that release was a realistic<br />

prospect, Liz Blows, founder of<br />

the Raptor Foundation, helped<br />

Madam to regain the fitness she<br />

would need to survive in the wild.<br />

Madam also needed to moult<br />

out a number of feathers that<br />

had been damaged.<br />

First she had to be taught to sit<br />

on the fist, and then she was<br />

flown increasing distances while<br />

attached to a line (in falconry<br />

terms, a creance).<br />

Finally, the day came when she<br />

had grown her new feathers and<br />

she was judged fit enough to go<br />

back to the wild.<br />

On 20 October 2015, Madam was<br />

released back into the wild, in front<br />

of an admiring group. Only time will<br />

tell whether she survives, but the<br />

dedication and determination of<br />

all at the Raptor Foundation has<br />

given her the best possible chance.<br />

Fingers crossed for her and kudos<br />

to the Raptor Foundation.<br />

Simon Dudhill and Liz Blows, both from the Raptor Foundation, just before Madam was released.<br />

Peter Wilkinson<br />

News<br />

Peregrine chicks stolen from<br />

South Yorkshire quarry<br />

An RSPB covert surveillance camera has caught a man raiding a peregrine<br />

falcon nest site in South Yorkshire.<br />

In spring 2015, the RSPB<br />

Investigations team was told that<br />

a peregrine nest site in a quarry in<br />

South Yorkshire had been robbed<br />

the previous year. After liaison with<br />

SK58 Birders, a Yorkshire bird study<br />

group, it was feared criminals might<br />

try to target the nest again.<br />

RSPB Investigations staff<br />

visited the active nest and set<br />

up a covert surveillance camera.<br />

The nest failed, so we reviewed<br />

the footage. This showed, during<br />

the afternoon of 8 May 2015,<br />

a man climbing to the nest and<br />

removing a chick.<br />

The footage was passed to South<br />

Yorkshire Police, and the National<br />

Wildlife Crime Unit (NWCU) was<br />

notified. Following enquiries,<br />

the police have issued an appeal<br />

to the public to try to identify the<br />

suspect. The RSPB is offering<br />

a reward of £1,000 for information<br />

leading to the successful conviction<br />

of the offender. Contact South<br />

Yorkshire Police on 101 or the<br />

RSPB on 01767 680551 if you<br />

have any information.<br />

The full video of the robbery<br />

can be viewed at youtube.com/<br />

watch?v=fZJ7xo3FGCc<br />

Do you know this man?<br />

Can the RSPB Rope Access<br />

Team help you?<br />

The RSPB Investigations Section, which now has four trained Rope Access<br />

staff, is ready to assist police or other agencies tackling high-level wildlife crime.<br />

The nature of wildlife crime often<br />

means that recovery of evidence<br />

and related enquiries can be<br />

problematic because of lack of<br />

access to difficult locations. This is<br />

particularly the case with offences<br />

relating to tree- and cliff-nesting<br />

species, such as birds of prey.<br />

Over the years, the RSPB has<br />

used rope access techniques<br />

in numerous wildlife crime<br />

investigations, often assisting<br />

statutory agencies.<br />

This has included the recovery of<br />

illegally killed birds and abandoned<br />

eggs, the recovery of traps illegally<br />

set on peregrine nest sites and<br />

returning falcon chicks to alternative<br />

foster nests.<br />

The recent case in Bury (see<br />

page three), when two illegally<br />

taken peregrine chicks were<br />

fostered into a wild nest, shows<br />

the advantages of such facilities.<br />

Howard Jones, based in the north<br />

of England, has recently trained in<br />

Rope Access and is part of the<br />

RSPB’s Rope Access Team.<br />

If you feel that the team can assist<br />

with your investigations, please<br />

contact the RSPB Investigations<br />

Section on 01767 680551.<br />

The RSPB Rope Access Team<br />

returning a peregrine to the wild<br />

RSPB James Leonard (RSPB)<br />

12<br />

13


Number of birds<br />

News<br />

Peregrines in the spotlight<br />

The recent conviction at Bury Magistrates (page three) and chick robbery<br />

near Sheffield (page 13) highlight the long history of problems for peregrines.<br />

Since the Wildlife and Countryside Act 1981, the RSPB has recorded<br />

346 confirmed incidents of persecution against peregrines in the UK<br />

and 625 confirmed incidents of the taking of eggs and chicks.<br />

Until the early 1990s, many wild<br />

peregrines were being taken and<br />

laundered into the captive falconry<br />

market. The use of DNA profiling,<br />

in conjunction with government<br />

registration records, exposed this<br />

widespread problem and led to<br />

several high-profile convictions.<br />

Despite this success, rather than<br />

building on the strengths of this<br />

law and improving it with new<br />

technology, the legislation was<br />

reduced. From 2008 it has<br />

covered only nine species,<br />

despite strong opposition<br />

from the police, conservation<br />

organisations and the Joint<br />

Nature Conservation Committee<br />

(JNCC) – the government’s own<br />

scientific advisers.<br />

Significantly, the registration<br />

requirements for peregrines<br />

were relaxed, allowing birds to<br />

be registered with an Article 10<br />

Certificate. This meant that, once<br />

birds left the breeder, there was<br />

no audit trail, so no knowledge<br />

of where the birds should be.<br />

In recent years there has been<br />

a significant price increase in the<br />

value of peregrine falcons. The sport<br />

of falcon racing in the Middle East<br />

700<br />

600<br />

500<br />

400<br />

300<br />

200<br />

100<br />

0<br />

Chris Gomersall (rspb-images.com)<br />

seems to have helped to fuel this<br />

demand. A recent Freedom of<br />

Information (FOI) request made<br />

by the RSPB about the number<br />

Number of UK captive peregrine offspring<br />

Nearly 1,000 crimes against peregrines confirmed since 1981<br />

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014<br />

Year<br />

of peregrines declared as captive<br />

bred is shown in the graph below.<br />

In 2005, numbers of offspring were<br />

around the same level as the mid<br />

1990s. However, in the last few<br />

years there has been a significant<br />

increase in the number of declared<br />

offspring. This may well be a<br />

response to the increased value of<br />

this species. But is this encouraging<br />

the taking of wild birds too?<br />

The absence of full registration<br />

controls now makes enquiries into<br />

suspected laundering of wild birds<br />

significantly more difficult. To<br />

support the UK Raptor Persecution<br />

priority, the RSPB believes that the<br />

government should reinstate full<br />

registration controls.<br />

News<br />

General Licence restrictions<br />

in wildlife crime hotspots<br />

On 4 November 2015, Scottish Natural Heritage (SNH) announced that it had<br />

restricted the use of General Licences on four properties. It was believed that<br />

there was sufficient evidence of crimes against birds of prey in recent years<br />

at these properties. The licences have been suspended for three years.<br />

Duncan Orr-Ewing, Head of<br />

Species and Land Management<br />

at RSPB Scotland, said: “We<br />

welcome the continued<br />

commitment of the Minister and<br />

Scottish Government to tackling<br />

wildlife crime. This is confirmation<br />

that the Open General Licence will<br />

be removed from land where<br />

Scottish Natural Heritage is<br />

satisfied that there is sufficient<br />

evidence of crimes against birds of<br />

prey in recent years. The use of the<br />

Open General Licence to control<br />

what are considered by some to be<br />

pest species of bird, including<br />

crows and magpies, for<br />

Report raises concerns over<br />

Scottish grouse moor management<br />

A new report, commissioned by the League Against Cruel Sports, has<br />

highlighted concerns about the management of grouse moorlands.<br />

In October 2015, the League<br />

Against Cruel Sports (The League)<br />

published The Intensification of<br />

Grouse Moor Management in<br />

Scotland. It was written by land<br />

reform campaigner Andy Wightman<br />

and raptor conservationist expert<br />

Dr Ruth Tingay. The report focuses<br />

on grouse moors in the context<br />

of Scottish Land Reform, and<br />

raises concerns that intensive<br />

management of grouse moorlands<br />

is reducing biodiversity, and is in<br />

direct conflict with conservation<br />

best practice.<br />

Concerns outlined include:<br />

• The annual burning of heather,<br />

which releases carbon and<br />

reduces biodiversity.<br />

• Wholesale removal of native<br />

animals, such as stoats,<br />

conservation and other legal<br />

purposes, is a privilege – not a<br />

right. This activity is undertaken<br />

as derogation from the provision<br />

under the European Union Birds<br />

Directive, which affords protection<br />

to all native bird species, so it is<br />

right that the highest standards<br />

are met.<br />

“The removal of the Open General<br />

Licence is an important part of the<br />

toolkit available to the public<br />

authorities to act as a meaningful<br />

deterrent to the serious problem of<br />

the illegal killing of birds of prey in<br />

parts of Scotland. It is underpinned<br />

mountain hares and foxes.<br />

• The absence of breeding birds<br />

of prey, such as hen harriers.<br />

• Medicinal grit being spread<br />

around the moors to reduce<br />

disease in grouse.<br />

The report also raises concerns<br />

about economic issues relating<br />

to grouse moor management.<br />

It is argued that, while some<br />

landowners receive up to £300,000<br />

in subsidies each year, their grouse<br />

shoots contribute very little to local<br />

economies. The report also claims<br />

the industry provides fewer than<br />

3,000 full-time equivalent jobs with<br />

an average salary of £11,401 –<br />

which is less than the minimum<br />

wage. And despite being<br />

subsidised by tax-payers, land is<br />

fenced off and made inaccessible<br />

by what is now a clear body of<br />

evidence confirming the scale and<br />

detrimental impact of these crimes<br />

on the populations of bird species<br />

including the golden eagle, hen<br />

harrier and red kite.<br />

“This wider toolkit for combating<br />

wildlife crime also includes the<br />

prosecution of landowners for<br />

vicarious liability for the actions<br />

of their employees in cases of<br />

confirmed crimes against birds of<br />

prey, unless they have taken steps<br />

of due diligence to prevent this<br />

activity from occurring.”<br />

to the public. To read a copy of the<br />

report visit bit.ly/grousereport<br />

14 15


News<br />

Wildlife Crime<br />

Awareness Week<br />

18–25 October 2015 was the second annual<br />

Wildlife Crime Awareness Week held in the UK.<br />

It was organised by World Animal<br />

Protection and Crimestoppers, and<br />

many police forces got involved.<br />

Celebrities, including Stephen Fry<br />

(below) and Michaela Strachan,<br />

showed their support.<br />

The event focused on making sure<br />

the British public understand what<br />

wildlife crime is, how to spot it, and<br />

who they should report it to.<br />

People may be forgiven for thinking<br />

that wildlife crime is an issue that<br />

mainly affects other countries.<br />

The news often concentrates<br />

on problems such as poaching<br />

elephants and rhinos for ivory<br />

in Africa, and taking primates<br />

from the wild for the pet trade,<br />

but wildlife crime is a serious<br />

problem here in the UK as well.<br />

Wildlife crime can also often have<br />

links to other serious organised<br />

crime and anti-social behaviour.<br />

Many police forces supported<br />

the event, including Thames Valley,<br />

Kent, Humberside, North Yorkshire,<br />

Sussex, Nottinghamshire, Police<br />

Service of Northern Ireland,<br />

Lincolnshire and the Metropolitan<br />

Police. They showcased their<br />

Wildlife Crime Officers, letting<br />

the public know what they do.<br />

A Twitter campaign was set up,<br />

with the hashtag “#wildlifecrime:<br />

It’s illegal! See it, report it” to<br />

encourage more people to<br />

become involved.<br />

As many police forces have their<br />

own Twitter accounts, people can<br />

easily report crimes or be kept up<br />

to date on their local area.<br />

Birdcrime 2014 report is out<br />

The RSPB Investigations team’s annual report, Birdcrime, was published<br />

at the end of 2015.<br />

The report is only able to record<br />

a fraction of the total number of<br />

incidents, as many crimes remain<br />

undetected, especially in remote<br />

areas. This is recognised in a<br />

number of scientific studies<br />

and Government reports: illegal<br />

persecution is preventing the full<br />

recovery of populations of some<br />

of our most charismatic raptors,<br />

including hen harriers, golden<br />

eagles and peregrines.In 2014<br />

we received 179 reports of shooting<br />

and destruction of birds of prey,<br />

including 23 buzzards, nine<br />

peregrines, three red kites and a<br />

hen harrier. There were 72 incidents<br />

of wildlife poisoning and pesticiderelated<br />

officences. Victims include<br />

23 red kites, nine buzzards and<br />

four peregrines. 19 individuals were<br />

prosecuted for wild bird related<br />

offences. These included the first<br />

person – a Scottish gamekeeper –<br />

to be sent to jail for raptor<br />

persecution offences, and<br />

a gamekeeper who received<br />

a suspended jail sentence for<br />

England’s worst raptor poisioning<br />

case. The first vicarious liability<br />

case led to the landowner losing<br />

£66,000 in subsidies. We are calling<br />

for better implementation and<br />

enforcement of wildlife laws. To<br />

read more, go to rspb.org.uk/<br />

birdcrimereport<br />

News<br />

New full-time Wildlife and<br />

Environmental Crime Officer<br />

for Police Scotland<br />

As part of a continued effort to tackle wildlife<br />

crime, Police Scotland Highland and Islands<br />

Division has recently appointed a full-time<br />

Wildlife and Environmental Crime Officer.<br />

Police Constable Daniel Sutherland,<br />

who is based at Dingwall Police<br />

Station, has experience tackling<br />

crime in a number of specialist<br />

areas, including community policing<br />

and wildlife crime.<br />

Daniel said: “Since the very<br />

beginning of my police career,<br />

I’ve been interested and involved in<br />

tackling wildlife crime. I have been<br />

a part-time Wildlife Crime Officer<br />

(WCO) since 2012, which has only<br />

served to increase my knowledge<br />

of legislation and the policing<br />

processes in this particular area.<br />

I have always been an outdoors<br />

enthusiast and have a keen interest<br />

in the wildlife and the environment<br />

The report states that 779<br />

protected raptors were illegally<br />

killed in Scotland between 1994<br />

and 2014. 468 birds of prey were<br />

poisoned, 173 shot and 76 caught<br />

in illegal traps. There were also<br />

seven attempted shootings. The<br />

confirmed offences included 104<br />

red kites, 37 golden eagles, 30<br />

hen harriers, 16 goshawks and<br />

10 white-tailed eagles. The report<br />

deals only with incidents confirmed<br />

as involving criminal activity: the<br />

number killed will be higher. In a<br />

further 171 incidents, poison baits<br />

and/or non-bird of prey victims of<br />

poisoning were found, including<br />

that go with it. I am delighted to<br />

now have a more proactive role<br />

in this particular area.”<br />

To support the wider work of PAW<br />

Scotland, Daniel plans to build<br />

new relationships with partnership<br />

agencies to tackle issues of wildlife<br />

crime, and strengthen links with<br />

current partner agencies. The aim is<br />

to prevent incidents occurring, using<br />

education and by deterring and<br />

detecting wildlife crime, both locally<br />

and nationally. This will include<br />

building awareness of wildlife and<br />

rural crime, with assistance from<br />

Scottish Partners Against Rural<br />

Crime and Rural Watch. Daniel is<br />

keen to improve specialist training<br />

Dan is pleased to have a<br />

more proactive role tackling<br />

wildlife crime<br />

for WCOs, and is taking an active<br />

role where possible on all wildlife<br />

crime incidents.<br />

Chief Inspector Colin Gough, Wildlife<br />

and Rural Crime Co-ordinator for the<br />

Highland and Islands Division, said:<br />

“This appointment is a very positive<br />

step for the Highlands and Islands<br />

and I am confident Dan will become<br />

the focal point for partner contact<br />

in this rapidly developing area of<br />

our business.”<br />

RSPB Scotland report out<br />

A comprehensive and detailed report, covering the last 20 years of illegal<br />

killing of birds of prey in Scotland, has been issued by RSPB Scotland.<br />

14 cats and 14 dogs. There were<br />

134 incidents where clear attempts<br />

had been made to target raptors,<br />

such as the use of illegal traps,<br />

though no victims were found. The<br />

report shows a significant majority<br />

of cases are in areas associated<br />

with game bird shooting, especially<br />

in uplands managed intensively<br />

for driven grouse shooting. It is<br />

noted that there have been some<br />

significant and welcome reductions<br />

in the number of cases reported<br />

from lowland areas of Scotland.<br />

There is now well-documented<br />

scientific evidence of the impact<br />

of illegal killing on golden eagles,<br />

hen harriers, peregrines, and<br />

red kites. The JNCC Hen Harrier<br />

Framework 2011 stated that illegal<br />

killing had significant impact,<br />

particularly on land managed<br />

for driven grouse shooting in<br />

the southern uplands and eastern<br />

Highlands. This report on illegal<br />

killing gives reliable data to inform<br />

Scottish Government. It can be used<br />

to improve conservation efforts for<br />

our birds of prey. It re-affirms the<br />

need for continued vigilance, good<br />

wildlife laws, effective enforcement<br />

powers for the police and strong<br />

sanctions in the courts, to act<br />

as effective deterrents.<br />

Ileana Sandham<br />

16 17


News<br />

News<br />

Guy Shorrock (RSPB)<br />

Achievement award went to Sgt<br />

Rob Taylor of the North Wales Police.<br />

Chief Constable Simon Prince said it<br />

was unlikely that wildlife crime<br />

would beceome a policing priority,<br />

but Authorised Professional Practice<br />

(APP) guidance documents were<br />

being prepared for wildlife crime.<br />

Chief Inspector Martin Sims, Head<br />

of the National Wildlife Crime Unit<br />

(NWCU), told about work of his unit<br />

and the levels of intelligence<br />

exchange. Other significant<br />

presentations came from Guy<br />

Clarke of Border Force, Sue<br />

Hemming of the CPS and Alan<br />

Charles, the Police Crime<br />

Commissioner for Derbyshire. There<br />

was the usual interesting mix of<br />

case studies and workshops.<br />

the capacity of the statutory<br />

agencies to address wildlife crime.<br />

The project is grateful for support<br />

from Procurator Fiscal Kate Fleming,<br />

the NWCU, DC Sarah Bailey of the<br />

Metropolitan Police Wildlife Crime<br />

Unit and the Border Force CITES<br />

Team at Heathrow.<br />

Once again, big thanks to<br />

Craig Fellowes of the Wildlife<br />

Training Consultancy for organising<br />

the event, and for the additional<br />

financial support provided by the<br />

World Animal Protection and<br />

the Humane Society International.<br />

Guy Shorrock (RSPB)<br />

WWF Wildlife Law Enforcer of the Year for 2015 PC Mark Goulding receiving his award<br />

Awards presented at Wildlife<br />

Crime Enforcers’ Conference<br />

The 27th annual conference was held in Warwickshire in November 2015.<br />

The conference welcomed Greek<br />

Customs officer, Petroula Pyrgi.<br />

Her six-day UK visit was funded<br />

by an EU LIFE project, Return of<br />

the Neophron, about the survival<br />

of Egyptian vultures in the Balkans.<br />

Part of the project seeks to improve<br />

Fingerprinting ivory<br />

Sgt Rob Taylor with his PAW Award and Chief Constable Simon Prince<br />

New techniques for retrieving fingerprints from ivory have been developed.<br />

Helen Bulmer (NWCU) and Sam Trackman’s (Border Force) received awards<br />

The good work tackling wildlife<br />

crime was recognised with awards.<br />

The WWF-Sponsored Wildlife Law<br />

Enforcer of the Year Award 2015 was<br />

PC Mark Goulding of South Wales<br />

Police, currently on secondment to<br />

Natural Resources Wales (NRW).<br />

Mark and his NRW colleauges<br />

developed the River Taff Project,<br />

which has helped reduce fish<br />

poaching and a number of<br />

prosecutions are ongoing. He was<br />

also involved in a prosecution about<br />

the release of wild boar following<br />

a commercial burglary.<br />

Helen Bulmer (NWCU) and Sam<br />

Trackman (Border Force) received<br />

the Wildlife Crime Operation of the<br />

Year award for the ‘Cobra 3’ CITES<br />

operation. PAW Certificates of Merit<br />

went to Madeline Groves and to<br />

Aaron Christiansen. A Lifetime<br />

Scientists from King’s College<br />

London and University College<br />

London have collaborated with<br />

imaging and fingerprint experts from<br />

the Metropolitan Police to validate<br />

the use of new techniques.<br />

Their findings, published in the<br />

journal Science and Justice, could<br />

lead to the wider use of<br />

fingerprinting methods in the field.<br />

This should help to identify poachers<br />

in regions with high levels of<br />

ivory-related crime. Ivory itself is a<br />

highly porous and ridged material,<br />

so fingerprints enhanced with<br />

conventional powders have been<br />

largely ineffective.<br />

In recent years, newer powders<br />

with smaller particles have been<br />

developed, and these show more<br />

detail, as they require less finger<br />

mark residue. The latest study<br />

tested three types of powders<br />

on elephant tusks loaned by the<br />

Metropolitan Police Wildlife Crime<br />

Unit. It was found that two of the<br />

newer powders were able to give<br />

the clear, useable fingerprint detail<br />

that is vital for identifying the donor.<br />

The clarity of ridge detail was at its<br />

highest within seven days after the<br />

print was deposited, so the method<br />

is likely to work best in regions of<br />

the world that are closest to the<br />

sources of ivory. However, with<br />

the new powder, imaging and<br />

fingerprint experts were able to lift<br />

some useable prints up to 28 days<br />

after they were deposited.<br />

The researchers showed how the<br />

powders could be used with rhino<br />

ivory, hippo teeth and sperm<br />

whale teeth.<br />

It is hoped that new fingerprinting techniques for ivory<br />

will help bring wildlife criminals to justice in the future<br />

Metropolitan Police<br />

18<br />

19


News<br />

Scotland tackles banned<br />

pesticide stockpiles<br />

A pesticide disposal scheme funded by the Scottish Government has<br />

highlighted the astonishing stockpiles of highly toxic banned pesticides.<br />

International<br />

New report highlights<br />

raptor persecution in<br />

Northern Ireland<br />

The scheme recovered more<br />

than 100 kilograms of carbofuran<br />

and more than 480 kilograms of<br />

sodium cyanide products in just<br />

three months.<br />

Following a number of high profile<br />

bird of prey poisoning incidents, a<br />

free scheme was launched to help<br />

remove stores of banned pesticides.<br />

This operated between 23 February<br />

and 29 May 2015, with the support<br />

of stakeholders in PAW Scotland.<br />

The scheme allowed those in<br />

possession of these substances to<br />

have them collected and disposed<br />

of, safely and confidentially.<br />

There were 191 requests for<br />

disposal of illegal pesticides, some<br />

involving more than one type of<br />

pesticide. The table below shows<br />

which pesticides were recovered<br />

during the scheme.<br />

Postcode information showed that<br />

the highest numbers of collections<br />

were carried out in Aberdeenshire<br />

and Moray, the Highlands,<br />

Perthshire and the Scottish Borders.<br />

Due to the anonymous nature of the<br />

scheme, it is not known what types<br />

of premises the pesticides were<br />

collected from, or whether any were<br />

from stocks which had been used<br />

for illegal poisoning in the past. The<br />

Scottish Government and PAW<br />

Scotland stakeholders have<br />

welcomed the actions of those who<br />

have taken the responsible step of<br />

handing over these substances.<br />

Dr Aileen McLeod, Minister for<br />

Environment, Climate Change and<br />

Land Reform said: “I am very<br />

pleased that this scheme has helped<br />

to safely remove a large volume of<br />

highly dangerous illegal pesticides<br />

from Scotland’s environment. The<br />

illegal poisoning of wildlife cannot<br />

and will not be tolerated in a<br />

modern Scotland.<br />

“The Scottish Government has<br />

made tackling wildlife crime a<br />

priority. We have the strongest laws<br />

on wildlife crime in the UK, including<br />

vicarious liability, which was recently<br />

successfully used in the courts.<br />

While it is obviously a concern that<br />

these stocks were still out there, by<br />

removing them from circulation now<br />

we are removing any temptation for<br />

them to be illegally used in future.<br />

Nobody found in possession<br />

of these pesticides now can have<br />

any excuse for holding onto them.”<br />

Ian Thomson, Head of Investigations<br />

at RSPB Scotland, said: “We<br />

commend the work of the Scottish<br />

Government and the stakeholders<br />

involved in implementing this<br />

disposal scheme. It is indeed<br />

good news that this amount of<br />

illegal and dangerous pesticide<br />

has been removed from circulation.<br />

“It is clear, however, from<br />

the number and distribution<br />

of incidents where chemicals<br />

such as carbofuran have been<br />

used to poison protected wildlife<br />

in recent years that a number of<br />

individuals have held on to their<br />

stockpiles of these chemicals.<br />

“We trust that this scheme<br />

represents a line in the sand,<br />

and that anyone now convicted<br />

of being in possession of or using<br />

such pesticides will face the<br />

strongest penalties available<br />

to the courts.”<br />

PAW NI has launched a new report detailing bird of prey<br />

persection between 2009 and 2013.<br />

Produced by the Raptor<br />

Subgroup of the Partnership<br />

for Action against Wildlife Crime<br />

Northern Ireland (PAW NI), the<br />

report reveals 30 incidents of illegal<br />

poisoning or persecution that<br />

involved 33 birds of prey.<br />

The most frequent casualties were<br />

buzzards (19 birds), followed by<br />

recently re-introduced red kites<br />

(seven) and peregrine falcons (four).<br />

Other raptor species recorded<br />

included a white-tailed eagle, a<br />

golden eagle, and a merlin.<br />

There were 10 confirmed incidents<br />

of illegal poisoning of other wildlife<br />

or poisoned baits found in<br />

circumstances where birds of prey<br />

were potential victims. Red kites<br />

and buzzards are particularly<br />

susceptible to poisoned baits, as<br />

they will feed on carrion routinely.<br />

There were an additional four<br />

probable raptor crimes (including<br />

another white-tailed eagle) and<br />

eight incidents where secondary<br />

rodenticide poisoning was recorded.<br />

Northern Ireland. Encouragingly,<br />

there has also been increased<br />

co-operation between PSNI, the<br />

NI Environment Agency and the<br />

Health and Safety Executive NI.<br />

During 2015 there were two<br />

multi-agency searches, one in<br />

a notorious blackspot in South<br />

Armagh following the poisoning<br />

of a buzzard, and the other in the<br />

Magherafelt area following the<br />

poisoning of a peregrine.<br />

The report was made possible by<br />

PAWNI, with input from: the PSNI,<br />

Northern Ireland Environment<br />

Agency (NIEA), Northern Ireland<br />

Raptor Study Group (NIRSG), the<br />

RSPB and the National Wildlife<br />

Crime Unit (NWCU).<br />

Eimear Rooney NIRSG<br />

Pesticide (active<br />

ingredient)<br />

Stocks collected<br />

Total estimated<br />

weight (kg)<br />

Banned since<br />

Sodium cyanide 110 482 2004<br />

Strychnine 68 5 2006<br />

Aluminium phosphide 17 44<br />

Carbofuran 10 107 2001<br />

Mevinphos 9 29 1993<br />

(Alpha) Chloralose 8 8<br />

Aldicarb 5 30 2007<br />

Unknown 4 16<br />

Totals 231 722<br />

Superintendent Brian Kee, Police<br />

Service of Northern Ireland (PSNI)<br />

service lead for rural and wildlife<br />

crime, said: “This report highlights<br />

the continued disregard for public<br />

and wildlife safety displayed by a<br />

small number of individuals in<br />

Northern Ireland. These actions<br />

which destroy our native wildlife<br />

are illegal and the indiscriminate<br />

use of such toxic poisons may<br />

affect not only raptors but also<br />

children, pets or livestock.”<br />

The RSPB has welcomed the report<br />

as another step in improving the<br />

recording and investigation of<br />

raptor persecution offences in<br />

A poisoned red kite found on its nest in 2014<br />

20 21


Alice Tribe<br />

International<br />

Georgia on my mind<br />

Alice Tribe, RSPB Investigations Assistant, reports<br />

on the illegal killing of birds of prey in Georgia.<br />

The Black Sea resort of Batumi<br />

is an important bottleneck for<br />

migrating birds. More than a million<br />

raptors pass over every autumn,<br />

and this volume of birds presents<br />

temptation to hunters, with many<br />

birds illegally shot.<br />

All birds of prey are protected by<br />

law in Georgia: hunting is forbidden.<br />

But hunting is a deeply rooted<br />

tradition here, and high levels of<br />

unemployment – coupled with little<br />

knowledge of conservation issues<br />

– make it a popular hobby. It’s quite<br />

a poor country, so few Georgians<br />

travel, and they don’t realise that<br />

the vast numbers of birds passing<br />

through is a rare event, and<br />

something not experienced by<br />

those living elsewhere. The hunters<br />

seem unaware that they are doing<br />

anything wrong. Most of the birds<br />

shot are eaten, but many are shot<br />

for amusement.<br />

In September, I went to Georgia<br />

as a volunteer for the Georgian<br />

non-profit organisations, the Society<br />

for Nature Conservation (SABUKO)<br />

and Batumi Raptor Count’s Hunting<br />

Monitoring Project. The project aims<br />

to estimate the scale and trends of<br />

illegal shooting and trapping of<br />

migratory raptors, using a<br />

non-confrontational manner.<br />

The data gathered will be used to<br />

try to reach an agreement between<br />

conservationists and hunters.<br />

One of my duties was monitoring<br />

hunting and trapping activity.<br />

I counted shots heard and hunters<br />

or trappers seen, and recorded the<br />

numbers and species killed, injured<br />

or trapped, as well as hitting and<br />

retrieval rates. There were several<br />

hunting and trapping hides near my<br />

watchpoint, and as time went on,<br />

I began to recognise and know<br />

some of the trappers. They were<br />

extremely friendly, and I joined them<br />

at their hide for food and chacha, a<br />

Georgian brandy. We happily<br />

communicated by hand gestures<br />

and simple words.<br />

One of the popular hobbies in<br />

Georgia is falconry, which has been<br />

practised for more than 2,000 years.<br />

Many men trapped birds, hoping to<br />

catch a new sparrowhawk for their<br />

sport. The trappers catch “their”<br />

new sparrowhawks by tying a<br />

red-backed shrike to a stick as a<br />

decoy, and waving it around in<br />

front of a mist net. The shrike flaps,<br />

and this can catch the eye of a<br />

sparrowhawk, which may well be<br />

captured in the net. Trappers prefer<br />

These three steppe buzzards were among the carcasses left by<br />

the hunters<br />

the larger female hawks, but will<br />

often catch several sparrowhawks<br />

in a good day, and select the best<br />

one for falconry. Some unwanted<br />

sparrowhawks are released again,<br />

and I was given the pleasure of<br />

releasing two back into the wild.<br />

The trappers accidentally catch<br />

other raptor species: I saw a booted<br />

eagle which had been caught. The<br />

hunters told me that it would be<br />

ringed and released. Trappers are<br />

encouraged to ring and release<br />

birds, but those that are not are<br />

killed and fed to the shrikes and<br />

captive hawks.<br />

I also conducted body counts<br />

to obtain an estimate of the<br />

frequencies of the species shot.<br />

We did this by identifying and<br />

counting wings and feathers left<br />

by hunters. Along our transects,<br />

we found many remains of shot<br />

raptors – usually wings and<br />

feathers – as the hunters take the<br />

body for consumption. Occasionally<br />

we found intact carcasses. These<br />

made me realise that the hunting<br />

is not all about subsistence – the<br />

hunters only get to shoot these<br />

birds in autumn, and the rest<br />

of the year there is enough food<br />

for families from garden-grown<br />

products. However, meat is an<br />

expensive luxury, so these raptors<br />

are seen as a good addition to<br />

their diet.<br />

The hunting issue can be tackled.<br />

Two vital elements in the battle to<br />

stop the killing is to educate the<br />

hunters, and raise public awareness.<br />

SABUKO and Batumi Raptor Count<br />

are already working on these.<br />

Georgians are some of the<br />

friendliest people I have ever met,<br />

and I feel it will be beneficial for the<br />

project to keep a good relationship<br />

going between the conservationists,<br />

and hunters and trappers.<br />

For more information, visit the<br />

Batumi Raptor Count website:<br />

www.batumiraptorcount.org<br />

International<br />

A farmer was convicted of poisoning six Spanish imperial eagles, which are listed as Vulnerable<br />

Spanish farmer jailed and<br />

fined for killing eagles<br />

The Spanish court took the poisoning of six Iberian imperial eagles seriously,<br />

imposing a prison sentence as well as a hefty fine and a hunting ban.<br />

Several recent prosecutions in Spain<br />

for wildlife crime offences (featured<br />

in <strong>Legal</strong> <strong>Eagle</strong> 77), have shown<br />

the UK and other countries how<br />

seriously raptor persecution can<br />

be taken by courts. This new case<br />

reinforces this approach.<br />

In October 2015, a farmer was<br />

convicted at the Criminal Court<br />

of Ciudad Real for laying out nine<br />

poisoned baits and for poisoning six<br />

Spanish imperial eagles and a fox.<br />

Spanish imperial eagles are listed as<br />

Vulnerable by the International Union<br />

for Conservation of Nature (IUCN).<br />

The defendant was sentenced to<br />

18 months in jail and given a<br />

three-year hunting disqualification.<br />

He was ordered to pay<br />

compensation in respect of liability<br />

of €360,000 (about £254,000) to<br />

the Regional Government of<br />

Castile-La-Mancha due to the<br />

value of the species affected.<br />

The incident was discovered in<br />

January 2012 in the area of Viso del<br />

Marques. Environmental agents<br />

from the research unit created under<br />

the LIFE+ VENENO (poison) project,<br />

co-ordinated by the Spanish BirdLife<br />

partner, SEO/BirdLife (which aims<br />

to significantly reduce the use of<br />

poison in Spain), and the Nature<br />

Protection Service (SEPRONA)<br />

went to the area. Both groups took<br />

their canine units along, and they<br />

managed to find the carcasses of six<br />

Spanish imperial eagles, a fox and<br />

the nine poisoned baits.<br />

During the trial it was proved that<br />

the death of the animals was<br />

caused by poisoning by a powerful<br />

carbamate insecticide. This was<br />

the compound used to lace the<br />

baits which were found. They had<br />

been placed by the accused at his<br />

farm with the purpose of killing<br />

predators that attacked sheep<br />

and chickens at his farm.<br />

David de la Bodega, the LIFE Project<br />

Co-ordinator, said: “The use of<br />

poison is one of the greatest threats<br />

to wildlife and the accused faces<br />

significant sanctions. Society cannot<br />

be indifferent to these heinous acts<br />

and should report possible cases of<br />

use of poisons. The damage has<br />

been significant because of the<br />

number of dead birds and their<br />

conservation status. There are<br />

only 150 pairs of imperial eagles in<br />

Castile-La-Mancha, so the loss of six<br />

birds poses a serious impact on<br />

this species.”<br />

22 23<br />

Roger Tidman (rspb-images.com)


Courtesy of NERF<br />

And finally…<br />

Mick Carroll (26/8/47 – 21/10/15)<br />

Raptor worker Mick Carroll has sadly died.<br />

Steve Downing of the North of England Raptor<br />

Forum (NERF) tells us about him.<br />

“Mick was born in Lancashire, and<br />

as a young boy he visited the moors<br />

to see short-eared owls and other<br />

upland birds. These first experiences<br />

led to his passion for ornithology. He<br />

worked on a hill farm before joining<br />

the RAF. At 30 he was invalided out<br />

of military service and he returned<br />

to farming. Unfortunately, a back<br />

injury forced him to give up farming<br />

and he took several environmentbased<br />

jobs, including one on an<br />

RSPB reserve.<br />

“He worked tirelessly for nature<br />

as President of Scarborough Field<br />

Naturalists, Chairman of the<br />

Ryedale Naturalists, Regional<br />

BTO Representative, Executive<br />

Committee member of the Whitby<br />

Naturalists’ Club and Yorkshire<br />

Naturalists’ Union, Chairman of<br />

the South Ryedale & East Yorkshire<br />

Raptor Study Group and member<br />

of NERF. Mick had a passion for<br />

hen harriers and worked as a<br />

volunteer for Natural England.<br />

Despite recent poor health, he<br />

continued to go to the uplands to<br />

study birds. He was diagnosed with<br />

cancer in 2014 and passed away in<br />

October 2015.<br />

PAW<br />

PAW is The Partnership<br />

for Action Against Wildlife<br />

Crime, a multi-agency body of<br />

organisations involved in wildlife<br />

law enforcement in the UK.<br />

PAW provides opportunities for<br />

statutory and non-governmental<br />

organisations to work together<br />

to combat wildlife crime, and to<br />

promote the enforcement of wildlife<br />

conservation legislation, particularly<br />

through supporting the networks<br />

of Police Wildlife Crime Officers<br />

and officers from HM Revenue and<br />

Customs and the UK Border Agency.<br />

Want more info?<br />

Visit defra.gov.uk/paw<br />

The RSPB<br />

UK Headquarters<br />

The Lodge, Sandy, Bedfordshire SG19 2DL<br />

Tel: 01767 680551<br />

Scotland Headquarters<br />

2 Lochside View,<br />

Edinburgh Park, Edinburgh EH12 9DH<br />

Tel: 0131 317 4100<br />

Mick Carroll: a wildlife warrior<br />

“NERF and the RSPB would like to<br />

celebrate Mick’s achievements and<br />

extend our sympathies to his wife,<br />

Helene, and his family.”<br />

Northern Ireland Headquarters<br />

Belvoir Park Forest, Belfast BT8 7QT<br />

Tel: 028 9049 1547<br />

Wales Headquarters<br />

Sutherland House, Castlebridge,<br />

Cowbridge Road East, Cardiff CF11 9AB<br />

Tel: 029 2035 3000<br />

W C O<br />

KEEPING<br />

WILDLIFE<br />

CRIME OFFICERS<br />

INFORMED<br />

Write to be read<br />

We welcome contributions to <strong>Legal</strong> <strong>Eagle</strong>. Please let us know about wildlife crime initiatives,<br />

news, events and prosecutions in your force. Send your articles and mailing list updates to The<br />

Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by e-mail to<br />

alice.tribe@rspb.org.uk or telephone 01767 680551. The views expressed in <strong>Legal</strong> <strong>Eagle</strong> are not<br />

necessarily those of the RSPB or PAW.<br />

The RSPB is the country’s largest nature conservation charity,<br />

inspiring everyone to give nature a home.<br />

The RSPB is a member of BirdLife International, a partnership to<br />

give nature a home around the world.<br />

The RSPB is a registered charity in England and Wales 207076,<br />

in Scotland SC037654. 232-1518-15-16<br />

Cover photo: Guy Shorrock (RSPB)<br />

For more information on wild birds and the law, visit rspb.org.uk/birdlaw<br />

24

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