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kites. The Directives have also helped reduce persecution;<br />

poisoning in the lowlands is now largely history.<br />

However, important principles of Article 7 of the Directive<br />

– including wise use, ecologically-balanced control, and<br />

the principle that hunting does not jeopardise conservation<br />

efforts – are not properly met. Moreover, inadequate<br />

enforcement of these provisions has resulted in a failure<br />

to prevent persecution of birds through deliberate killing,<br />

nest destruction and disturbance of birds of prey species,<br />

particularly in areas intensively managed for driven<br />

shooting of red grouse.<br />

Low detection rates, and the low level of penalties applied<br />

where convictions are secured, have made the law an<br />

ineffective deterrent to illegal destruction of wildlife,<br />

notably protected birds of prey. Sentencing for wildlife<br />

crime should reflect the damage done and provide a real<br />

deterrent to offenders; there is a strong case for increasing<br />

the penalties associated with wildlife crime.<br />

Public outrage at the illegal killing of birds on migration<br />

through Malta resulted in a referendum there this spring,<br />

and the British public were vocal in their condemnation of<br />

the terrible slaughter. It is thanks to the Nature Directives<br />

that we have a legitimate say in what happens in other<br />

countries; however, we must acknowledge that illegal<br />

practices continue in the UK and put a stop to wildlife<br />

crime at home. Fantastic wildlife like the hen harrier could<br />

disappear in England unless we change our ways.<br />

The UK currently has no system of licensing for hunting<br />

despite ongoing problems with illegal killing of birds of<br />

prey and damaging habitat management on some estates,<br />

particularly intensive driven grouse moors. The UK is the<br />

only EU Member State not to licence hunting. A more<br />

effective deterrent is needed to improve enforcement of<br />

legal protection for some of our best loved species<br />

and sites.<br />

A robust licensing system for driven grouse shoots<br />

would be an effective way to prevent damaging<br />

and sometimes illegal behaviour. Licences should<br />

be revoked immediately for criminal persecution of<br />

wildlife, or for unlawful land management practices.<br />

The system should be designed to build in the<br />

management conditions stipulated in Article 7 of the<br />

Birds Directive. Vicarious liability should be established<br />

for persecution in England, so that the shoot<br />

organisers can be held responsible for criminal activity<br />

undertaken on their behalf.<br />

Steve Knell (rspb-images.com)<br />

Hen harrier – arguably the UK’s most persecuted bird of prey.<br />

39

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