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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