BIRDCRIME 2011 Offences Against Wild Bird Legislation in 2011 Contents

BIRDCRIME 2011 Offences against wild bird legislation in 2011 Contents

Contacts Foreword 2

The RSPB A manifesto for change 4 UK Headquarters Comment 8 The Lodge, Sandy, Bedfordshire SG19 2DL. Tel: 01767 680551 Summary of reported incidents 2011 10

Northern Ireland Headquarters Poisoning 12 Belvoir Park Forest, Belfast BT8 7QT. Shooting and destruction of birds of prey 16 Tel: 028 9049 1547 Map of confirmed UK bird of prey persecution and poisoning incidents 16 Scotland Headquarters 2 Lochside View, Edinburgh Park, Edinburgh, EH12 9DH. Egg collecting and disturbance 22 Tel: 0131 317 4100 Trade in wild birds and taxidermy 26

Wales Headquarters Prosecutions in 2011 28 Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB. Tel: 029 2035 3000 Review of 2011 35 Partnership for Action Against Wildlife Crime 35 www.rspb.org.uk Legal issues 36

Forensic update 37

International update 38

The Partnership for Action Against Wildlife Crime (PAW) Appendix I – Incidents reported to the RSPB 2006–2011 41 PAW is a multi-agency body comprising representatives of the organisations involved in wildlife law enforcement in the UK. Appendix II – Regional breakdown of incidents reported in 2011 42 It provides opportunities for statutory and non-Government Appendix III – Confirmed and probable bird of prey and owl persecution during 2011 45 organisations to work together to combat wildlife crime. Its main objective is to promote the enforcement of wildlife conservation Appendix IV – Confirmed poison abuse incidents during 2011 48 legislation, particularly through supporting the networks of Police Wildlife Crime Officers and officers from HM Revenue and Customs Appendix V – Schedule 1 nest robberies during 2011 50 and the UK Border Agency. Please visit www.defra.gov.uk/paw for more information. Appendix VI – Wild bird related prosecutions in 2011 52

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

1 Foreword Contents P e r e g r

themselves without immigration that it makes a strong case for of prey is both “serious” and i n e

from birds nesting successfully change. The RSPB gave “organised ” and that the NCA b y

away from grouse moors. There evidence, as did the Association has a vital role to play in B e ) n

are those who argue that the of Chief Police Officers’ new lead supporting police forces in H o a c . l l s relative rarity of prosecutions is on wildlife crime and the new tackling it. New police and crime ( e r g s a evidence that crimes against head of NWCU, and I am commissioners will be elected in p b m i - - i m b birds of prey are equally rare. pleased that both bring their late 2012 in England and Wales, p a s g r e (

Yet, much persecution occurs perspective to these pages. guiding police forces in s e . c g o

d in remote, inaccessible places. prioritising their work and m a ) M

This, coupled with a shortfall in The years 2012 and 2013 are ensuring that criminal activities e

m proactive enforcement activity, important ones in the fight to affecting local communities are a h a

r makes it difficult to collect tackle wildlife crime in the UK, addressed. Last, but definitely G evidence to support particularly in England and Wales. not least, the future shape and prosecutions. The RSPB’s The respective governments direction of the nature Twelve months ago, I argued that Investigations team, whose have the opportunity to improve conservation agencies in England more needed to be done to help work you can read about in this wildlife laws and associated and Wales will be decided. We birds of prey live in harmony with report, does an amazing job in enforcement structures, and will argue that any change must people. How have our birds of spotlighting illegal actions. But make a lasting difference to the bolster our collective capacity to prey fared since then? How have the numbers and distribution of prospects of birds such as hen deliver the UK Government’s decision-makers reacted and is the birds themselves provide harriers and peregrines. ambition to “protect wildlife and there cause for optimism? the clues as to the real impact ... restore biodiversity”. of persecution. Over the next few months, the Let’s start with the bottom line Law Commission will consult Collectively, this amounts to the and the fate of birds such as the The UK Government on its proposals for reform of best chance in a generation, hen harrier. The news, sadly, is acknowledges the problem – wildlife protection laws in since the 1981 Wildlife and grim. Very few hen harriers nest raptor persecution is a UK England and Wales. This brings Countryside Act, to tackle wildlife successfully on land managed for wildlife crime priority. It is the possibility of new offences crime and, in particular, the grouse shooting, although it difficult, however, to point to and penalties to aid the intolerable Victorian throwback of provides the food and nesting meaningful progress against the prosecution of those who harm persecuting birds of prey and sites they need. In England, recommendations we made in wildlife. The Scottish other wildlife in the name of extinction as a breeding species last year’s report. The future of Government has introduced new sport. In 2010, nearly a quarter of looms, with just one nesting the National Wildlife Crime Unit offences, including that of a million people signed an RSPB attempt in 2012. Governments (NWCU) is uncertain beyond vicarious liability, designed to pledge calling for an end to and their agencies across the UK March 2013. Opportunities, such tackle bird of prey persecution. illegal killing of birds of prey. It is acknowledge that, sadly, as implementing controls on The Governments of England time for their voice to be heard. persecution remains a problem. possessing pesticides used to and Wales have the opportunity For birds like the hen harrier in poison wildlife, have been to follow suit via new legislation. England, this could literally be And it isn’t just hen harriers. missed. The good news is that This will take time and it is worth the “last chance to save”. A study of peregrines in northern the House of Commons getting right. The police service Our manifesto for change is England, by the RSPB and the Environmental Audit Committee is being re-organised, with the outlined in the following pages. Northern England Raptor Forum, is re-visiting its 2004 inquiry into creation of the National Crime I hope that governments across found breeding success on wildlife crime, scrutinising the Agency (NCA) to tackle serious the UK seize this opportunity and grouse moors to be half that in Government’s performance in and organised crime across the step up for nature. other habitats, with peregrine this area. The Committee’s report UK from 2013. The RSPB Martin Harper populations unable to sustain is due in autumn 2012 and I hope believes that persecution of birds Conservation Director

2 3 A manifesto for change H e n

h a r r i e r

Improving wildlife laws b Recommendation 1: those responsible for such Recommendation 4: y

M Introduce offence of incidents to justice. The Modernise regulation of a r The Wildlife and Countryside Act k vicarious liability. Department for Environment, game shooting.

H a

(WCA) 1981 is at the core of m There is strong evidence of a link Food and Rural Affairs (Defra) The UK is almost unique in b l

legislation to protect wild birds. i between raptor persecution and introduced controls under the Europe and North America in n

( r

A critical component in s land managed for driven grouse Natural Environment and Rural having no form of, or potential p b

transposing the EC Birds and - shooting in the uplands of Communities (NERC) Act 2006 for, the regulation of game i m a

Habitats Directives into domestic g England and parts of Scotland. to prohibit the possession of shooting by individuals or service e s

law, it has stood the test of . We believe the widespread and certain listed pesticides without providers. Given its potential to c o time and, while heavily m systematic nature of this activity legitimate reason, but did not list reduce populations of species of ) amended, remains a sound classifies it as serious and the proscribed pesticides. The conservation priority, and the piece of legislation. organised crime. The current Scottish Government enacted serious and organised nature of level of convictions and available similar legislation in 2004, crimes committed against birds However, as this report penalties carry little deterrent resulting in 10 convictions to of prey, consideration of stronger illustrates, crimes against wild value, partly because the law date. Northern Ireland has sanctions is merited. An option birds, most notably birds of prey, does not target those who recently introduced similar to withdraw the “right” of an persist due largely to inadequate encourage or require their legislation but has yet to create individual to shoot game, or enforcement of existing laws. employees to break the law by the schedule of pesticides. businesses to supply shooting Governments across the UK killing birds of prey. services, for a fixed period need to change the behaviour of Recommendation 3: following conviction for a wildlife those responsible, through better An offence of “vicarious liability” Increase penalties available to or environmental offence, should use of existing provisions, new was introduced in Scotland in courts for wildlife offences. be considered. offences and stronger penalties. 2011. This imposes criminal The current maximum fine that Those in England and Wales have liability on persons where their can be awarded for offences to Recommendation 5: the perfect opportunity to do this. employee or agent or contractor be tried in the Magistrates' Add “reckless” provisions to commits an offence, unless they Court under the WCA is £5,000 all “intentional” offences. The Law Commission is can show they were unaware of and/or up to six months in “Reckless” provisions with reviewing species legislation in the offence and had exercised prison. This is inadequate as a respect to certain disturbance England and Wales and will due diligence. The RSPB believes deterrent to those involved in offences already exist. These propose reforms. It is essential it essential that those ultimately serious and organised crime, originated from the failure of a that the Commission’s proposals: responsible for enterprises and is out of line with penalties number of wildlife cases where, i) properly transpose the Nature where raptor persecution can be under other environmental although clear harm was done to Directives, ii) rationalise wildlife proven to have taken place be legislation. protected species and the and game legislation into one made accountable. perpetrators appeared well coherent law, and iii) achieve a Penalties should be increased aware of the risk of harm, it was framework that is fit-for-purpose Recommendation 2: to a maximum £50,000 fine not possible to prove beyond all for the coming decades. The Enact possession controls and/or up to 12 months in prison reasonable doubt that they RSPB believes that the following on pesticides used to in the Magistrates’ Court, and intended harm. The Scottish improvements are necessary to poison wildlife. unlimited fines and/or up to Government added “recklessly” protect wild birds better, and to The impact on birds of prey and five years in prison in the to all “intentional” offences in facilitate the prosecution of other wildlife of illegal poisoning Crown Court. 2004 – this should be the case wildlife crime. is of particular concern. It has across the UK. often proved difficult to bring

4 5 A manifesto for change G o s h a w k

b y

The need for positive change including bird of prey the spectacle of, and economic D

Reforming policing of e a n

wildlife crime is supported by a large persecution, fall into this benefits that can flow from, the B r i While fit-for-purpose legislation is constituency of people – nearly category. Responsibility for presence of spectacular wildlife. c k n e

vital and carries a deterrent value , a quarter of a million people leading enforcement efforts In such hotspots, policing l l

( r

proactive enforcement is key to signed the RSPB’s pledge to should therefore lie with the resources need to be protected s p b -

making a difference for wildlife. stop illegal killing of birds of prey NCA, with the NWCU providing and, in some cases, increased, if i m a

Significant progress has been in 2010. The good news for intelligence support as required. wildlife crime is to be tackled. g e s .

made over the last two decades, decision makers is that the RSPB c o with wildlife crime recognised as believes evolution, not revolution, Recommendation 8: Recommendation 10: m ) a priority by individual police of existing enforcement Enable Natural England to Use wildlife crime priority forces and the creation of the structures is required, as outlined protect wildlife and the places delivery groups to National Wildlife Crime Unit. in the following where it lives more effectively. co-ordinate action. However, the reality of funding recommendations. Legislation for dealing with illegal The UK wildlife crime priorities, constraints has seen some activity affecting protected sites which draw upon scientific forces cancel Wildlife Crime Recommendation 6: is broadly fit-for-purpose, evidence and prosecution data Officer posts, and the NWCU Secure the long-term future although enforcement powers agreed by government and struggle to meet the demands of the NWCU. should be standardised with enforcement agencies, remain a placed on it as a small, The NWCU provides excellent those for species offences. necessary means of prioritising such as poisoning eagles, should land registered for SFP should be standalone agency. value for money by co-ordinating Recent events suggest a prevention, intelligence and be recorded by the Home Office, notified to the Rural Payments intelligence gathering and presumption against taking enforcement activity. Delivery of in the same way as crimes such Agency as a matter of course. Wildlife crime can be serious and supporting enforcement efforts robust enforcement action when the raptor persecution priority as minor theft. A reliable system organised, affecting not only across police forces. The RSPB damage occurs to protected has been mixed, with good for retrieving wildlife related Recommendation 13: wildlife itself, but communities believes it is vital that the sites in England. This is progress in Scotland but slower prosecutions is also needed, to Establish a Wildlife Crime Unit that stand to benefit from the function of the NWCU is compounded by a lack of progress elsewhere. The delivery help provide sentencing advice in Scotland. presence of charismatic species preserved, enhanced and analysis of compliance with, and groups must be supported for courts and to assess Combating wildlife crime has such as birds of prey and the adequately resourced beyond efficacy of, restoration orders. adequately by the police, and sentencing consistency. been signalled as a Scottish consequent potential for tourism March 2013, providing stability appropriate accountability Government priority, and we revenue. The “opportunity cost” and enabling long-term Recommendation 9: arrangements introduced. Recommendation 12: welcome this support. As part of of birds being absent because of operational planning to tackle Prioritise enforcement in Improve co-ordination the current reform of policing sustained persecution can be the UK Government’s wildlife wildlife crime hotspots. Recommendation 11: between statutory agencies. structures in Scotland, including significant – white-tailed eagles crime priorities. Agreeing local policing priorities Improve recording and Significant sums of public money the formation of a single Scottish generate £5 million per annum is properly done at individual reporting of wildlife crime. are provided to those managing Police Service, it is essential that for the local economy of the Isle Recommendation 7: force level, but the appointment The RSPB believes that reliable the countryside through Single full provision is made for of Mull, Scotland. Task the NCA with tackling of police and crime data are essential to monitoring Farm Payments (SFPs). To target effective wildlife crime serious and organised commissioners should help the extent of wildlife crime and effectively, and penalise, those enforcement. We recommend Government intervention to wildlife crime. ensure that the views of local whether enforcement and other involved in perpetrating wildlife the establishment of a full-time, ensure effective enforcement of The National Crime Agency will communities and national measures are effective. crime, it is essential that the full well-trained and flexible Wildlife the laws protecting our wildlife, commence operations in 2013, policing priorities are taken into However, statutory efforts to range of relevant offences are Crime Unit, which is able to whether it occurs in the UK or with a remit to tackle serious and account. While wildlife crime is record wildlife crime remain covered by cross-compliance operate across the country, as overseas, is justified both on organised crime across the UK. widespread, its impacts are often disjointed and inconsistent. rules and that the value of well as the maintenance of the conservation, economic and The RSPB believes that some focused in particular areas, Serious wildlife crimes with government interventions is local Wildlife Crime Officer ultimately moral grounds. aspects of wildlife crime, depriving local communities of major conservation impacts, maximised. For example, all network. wildlife crime cases occurring on

6 7 Comment )

The police perspective B

It is therefore disappointing to Tackling wildlife crime does P progress on this has been use intelligence and take robust S R

read that birds of prey are require real partnership working. ( painfully slow over many years. I enforcement action, using the

k c

persecuted to such a great The relationship between the o say this as an experienced Police skills and tools available to us, The two newly in post r r o

extent throughout the country. Police and the RSPB h Wildlife Crime Officer, who has to support our colleagues within

senior police officers with S

responsibility for tackling Such levels of persecution demonstrates how good this can G investigated offences over many the Police and wider law cannot be tolerated and be. Historically, the Police service years involving the deliberate enforcement community wildlife crime in the UK fortunately there is now evidence has also benefited from close persecution of birds of prey. In UK-wide. In taking a robust line offer their individual to demonstrate not only that working relationships with one such case the offender laced on offending I must add that the perspectives on the those who persecute birds of gamekeepers. There is every pheasant baits with carbofuran, Police role is to ensure that way forward. prey face effective investigation, reason for us to want to continue was arrested and came within a those undertaking lawful but, if brought to court, they can in such a mutually beneficial whisker of being imprisoned. activities are able to do so by face significant sanction. It is relationship. Sadly, whilst His case received national media making sure that those tempted e c i l o evident to me that if the problem welcoming the support of those Nevin Hunter attention, bringing his profession to break the law are tackled. In P a i of bird of prey persecution is to organisations representing into disrepute and tarnishing all order to do this the Police need r b

m be resolved then all interested shooting interests in tackling involved with it. Unfortunately the support of all communities. u C parties, be they conservationists, persecution, the activities of a Crime against birds takes many cases such as this are still I ask that anyone who knows of, land owners or land managers, few can only undermine the forms and remains a significant regularly reported. or suspects, illegal activity need to show commitment and efforts of the majority. challenge for us at the NWCU. against birds of prey or any other enthusiasm in tackling it. I am As the new Head of the Unit, my Having said that progress to wild birds to make early contact optimistic that this will happen, Stuart Hyde, Chief Constable aim is to reassure communities address this problem has been with the excellent network of with a recent meeting of the of Cumbria Police and that all wildlife crime involving slow, it is good to be able to Police Wildlife Crime Officers wildlife crime priority delivery Association of Chief Police the persecution of birds of prey report that partnership work is that now exists across the UK. group providing some cause for Officers’ (ACPO) lead on and other crime against birds will starting to have an impact, most that optimism. wildlife crime. not be tolerated and is taken notably in Scotland. Poisoning Nevin Hunter, Head of the UK seriously. This is exemplified with incidents appear to have declined Police National Wildlife Crime Stuart Hyde The next year will see interesting the recent conviction and over the past year. Whilst we Unit (NWCU) developments around wildlife imprisonment of Matthew need to take encouragement In recent months I have become crime. I have recently given Gonshaw, a serial egg collector. from this, we need to remain the lead on wildlife and rural evidence to the House of He received prison sentences in vigilant while we establish crime for the Police service in Commons Environmental Audit England and Scotland as a result whether this is a genuine decline England, Wales and Northern Committee’s inquiry into wildlife of the work of Police Wildlife or just a change of tactic by Ireland. I am very pleased to crime and will read their report Crime Officers (WCOs) from those engaged in such activity. have been asked so early on to with interest. I am also aware of Scotland and England, and the But it appears that the message be asked to write an introduction the current work being NWCU, working closely with has hit home – persecution is for this year’s Birdcrime report. undertaken by the Law and supported by the RSPB not acceptable and we need to Commission to consider the Investigations Team. continue to build momentum As a Chief Officer in a police need for a review of wildlife addressing it across the UK. force covering some of the most crime legislation. I will ensure In last year's Birdcrime, my beautiful countryside in Britain, that the Police service makes predecessor said that building The NWCU will work with visited by millions each year, appropriate contributions to upon previous work was vital if partner organisations, taking I am very conscious of the their public consultation the challenge of raptor preventive measures wherever economic value of the landscape currently underway. persecution was to be possible to address wildlife and the species that inhabit it. overcome. My view is that crime. Where this fails we will

8 9 Summary of reported incidents in 2011 G o l d e n

e a g l e

b y

This report summarises offences Confirmed – The circumstances It is believed that these S gauged though the systematic t i g

against wild bird legislation indicate an illegal act has taken published figures represent F study of bird populations r o

reported to the RSPB in 2011. place. These incidents are only a fraction of the number d themselves. For example, e

Further copies are available on typically substantiated by of incidents regarding each l Scottish Natural Heritage’s (SNH) s e request from the RSPB evidence such as post mortem category, as many remain n “framework” analyses of golden Investigations Section at The or toxicological analysis (eg undetected and unreported, eagles (see Birdcrime 2009 ) and Lodge, Sandy, Bedfordshire shooting and poisoning cases), particularly those that occur hen harriers (see Birdcrime 2010 ) SG19 2DL, or from the RSPB or reliable eye-witness evidence. in remote areas. Persecution are both rigorous long-term website (www.rspb.org.uk). continues to have a studies that demonstrate the During 2011 the RSPB received: conservation-level impact on severe effects that illegal killing Since 2009, Birdcrime reports several priority species, such as is having on national populations have not included a “total” • 100 reports of poisoning golden eagle and hen harrier. of these species. reported figure for all categories incidents, including 52 of wild bird crime. The police confirmed incidents of abuse The UK breakdown of reported National Wildlife Crime Unit (see Appendix IV) involving the bird of prey persecution Acknowledgements (NWCU) now receives data on confirmed poisonings of at incidents published in this report In addition to members of the incidents of all wild bird crimes least 70 individual birds shows that 61% occurred within public, the RSPB would like to from police forces across the or animals. England, 26% in Scotland, acknowledge the following UK, as well as from the RSPB 6% in Wales and 6% in Northern organisations who have supplied and RSPCA. This enables the • 202 reports of shooting and Ireland (1% occurred in an data used in this report: NWCU to publish a total figure destruction of birds of prey, unknown location in the UK). for wild bird crime in the UK in with the confirmed shooting • All UK police forces their annual report, at the end of of 30 individual birds of prey. In 2011, the RSPB received • The Chemicals Regulations each financial year. With this information on 42 individual Directorate (CRD); Food and process now in place, the RSPB • 30 reports of egg-collecting prosecutions involving wild birds. Environment Research Agency Investigations team can focus incidents. There were three These cases involved a total of (FERA); Science and Advice finite resources on wild bird confirmed and six probable 152 charges, of which 137 were for Scottish Agriculture (SASA) crime affecting species of high nest robberies of eggs and proven. Fines for the year • The Royal Society for the conservation concern, and crime chicks from Schedule 1 species. totalled £37,690 and four people Prevention of Cruelty to that is serious and organised. were given prison sentences year to year. NWCU data rely on the UK Government, which is Animals (RSPCA) • 18 reports relating to illegal (one of which was suspended). a police recording system that supplied as pesticide analysis • The Scottish Society for the Incidents are recorded in three disturbance or photography cannot record crimes against data rather than crime data. Prevention of Cruelty to categories: of Schedule 1 birds. Birdcrime figures may vary from wild birds in a consistent way Animals (Scottish SPCA) other published reports, because across the UK. Consequently, Because of the ad hoc nature of • Raptor Study Group workers Unconfirmed – The • 26 reports of illegal taking, data sets compiled for different there will be some variation in the way in which offences are • Predatory Birds Monitoring circumstances indicate an illegal possession or sale of birds purposes, using very different how incidents are recorded, discovered, the conclusions that Scheme (PBMS) act has possibly taken place. of prey. methods, are unlikely to be assessed and categorised. can be drawn from annual crime directly comparable. The RSPB For example, the RSPB is figures alone, however they are Due to staffing changes, the Probable – The circumstances • 69 reports of illegal taking, has been recording wildlife currently the only agency to compiled, will always be limited. NWCU was unable to provide indicate that by far the most possession or sale of wild crimes for several decades using have a standardised method of A much more complete and incident data for 2011. Overall likely explanation is that an illegal birds other than birds of prey, a consistent recording format to reporting wildlife poisoning cases statistically robust picture of the totals are expected to be slightly act has taken place. predominantly finches. allow trends to be detected from from information published by impact of these crimes can be lower as a consequence.

10 11 Poisoning Case studies 1 Poisonings rife on the Riviera

During 2011, a number of high had died as a result of deliberate found dead on a golf course at In 2011, the 100 reported All wildlife poisoning data is format to reflect actual wildlife profile poisoning cases in the poisoning by a concoction of Cape Cornwall, lying close to the incidents of wildlife poisoning supplied by the UK Government. crime incidents. Consequently, South West of England came to carbamate pesticides and remains of a dead feral pigeon. and pesticide-related offences The RSPB remains the only there may be some minor light, making it the worst year on rodenticides. This was a very All three birds were tested by was lower than the 129 incidents agency to present the pesticide variation on how data is record for poisonings in the significant incident, which Natural England and found to in 2010 and below the average analysis data in a standardised presented by different agencies. region and highlighting the destroyed an adult breeding pair contain high levels of for the previous five years continued abuse of pesticides as of goshawks, a major blow to carbofuran – sadly, once again a (2006 –2010 average of a weapon to target birds of prey. the small Devon population. deliberate poisoning. The final

157 incidents). N incident involved a young female a t u Incidents began in March, when Hot on the heels of this, a peregrine, which was found dead r a l

There were 52 incidents where E an online RSPB crime report wing-tagged red kite was found at a quarry near Buckfastleigh, n g l abuse of a pesticide was a detailed the discovery of a dead on 24 March, beside the Devon. Peregrines had previously n confirmed by analysis of victim d number of dead birds of prey in Tarr Steps to Withypool walk on been poisoned at this location, and/or bait (during 2006–2010 Forestry Commission woodland Exmoor. A partially predated so it was no surprise when the there was an average of to the west of Exeter. Four pheasant was also noted nearby, analysis result proved the bird 77 confirmed abuse incidents goshawks and a buzzard were although not recovered during a had been deliberately poisoned per year). The confirmed abuse recovered by Devon and wider search. Tests confirmed with residues of carbofuran incidents in 2011 involved the Cornwall Police with assistance the presence of the banned and aldicarb. poisonings of at least 70 from the RSPB and the Forestry pesticide carbofuran and clearly individual birds or animals. Commission. Veterinary the kite had been the victim of a A series of high profile media examination indicated that they deliberate poisoning. appeals and rewards for In addition to the 52 confirmed had not been shot and the birds information were launched pesticide abuse incidents, there were passed to the Wildlife Next came two incidents on 21 in connection with these were also five confirmed Incident Investigation Scheme July, both involving peregrines. incidents but, despite a good incidents of illegal possession of (WIIS) run by Natural England. First was the discovery of a response, they failed to lead pesticides connected with Testing proved that all five birds breeding pair of adult peregrines to a conviction. wildlife poisoning. There were 14 confirmed incidents of birds of

prey containing second R S P

generation rodenticides. Some B of these led directly to the death of the birds; in other cases the remains contained sub-lethal levels of these products and the birds died from other causes.

Examining which pesticide was involved in each of the confirmed abuse incidents revealed that the trend from previous years This peregrine was found poisoned next to a woodpigeon bait laced Devon and Cornwall Police prevailed, with the most with the banned pesticide aldicarb, near Louth, Lincolnshire in WCO PC Josh Marshall (left) commonly abused being September 2011. The bird, a juvenile, had been ringed as a nestling and RSPB investigator Mark carbofuran, banned since 2001, earlier in the year at a nest in Kent. The incident was investigated by Thomas holding two of the with 24 confirmed incidents. Natural England and Lincolnshire Police but no-one was charged with dead goshawks. placing the bait or killing the peregrine.

12 13 Carbofuran – the poison of choice for more than a decade

Since the first confirmed abuse Pesticide abuse incidents involving wild birds, 2002-2011 As with other incidents of raptor Poisoning incidents involving trend develops. It is hoped that case in Fife in 1988, the persecution, there is no doubt birds of prey in the UK are the new vicarious liability pesticide carbofuran has quickly that only a small fraction of shown in the graph below. legislation may make those become the product of choice for 100 offences committed are ever ultimately responsible for raptor G u

the wildlife poisoner. Despite 90 discovered and reported. There has been some persecution offences more y

approval for any legal use being The conservation impact of speculation that the lower accountable and lead to a h

80 o r r withdrawn in 2001, this highly poisoning can be highly number of recorded poisoning reduction in the level o

70 c k

(

toxic product has been the most significant. The expansion of the incidents relating to birds of prey of offending. R 60 S P

persistently abused product for red kite population around the in Scotland during 2011 may be B

50 ) the illegal poisoning of wildlife Black Isle, Highland, following a the result of concern by during the last 10 years. 40 reintroduction project which managers and landowners that 30 started in 1989 has been an offence of vicarious liability The pesticide was formerly 20 severely affected by persecution, was in preparation. This law approved as an agricultural 10 primarily illegal poisoning. A came into force at the start of insecticide for use on a number 0 paper published in the scientific 2012. While year to year of crops. The RSPB believes that 2002 2003 2004 2005 2006 2007 2008 2009 2010 20 11 journal Biological Conservation in variations cannot be reliably carbofuran and other pesticides 2010 estimated that the compared statistically, the RSPB Other Carbofuran have been deliberately stockpiled population, which stood at just will be watching with interest the and distributed amongst wildlife 41 pairs in 2006, would have levels of recorded wildlife poisoners, with this and other Carrion-eating species, such as The known totals during this numbered more than 300 pairs poisoning in Scotland during the products sometimes being kites, are particularly vulnerable period for the species listed on in the absence of persecution. next few years, to see if any real imported from foreign countries to pesticide abuse, but even the UK raptor persecution such as Ireland. active predators such as wildlife crime priority, plus peregrines have been poisoned. buzzard, and the number Based on data gathered through Peregrines have often been killed involving carbofuran the government Wildlife Incident using a tethered live pigeon (62% of total), are shown in Pesticide abuse incidents involving birds of prey in the Investigation Scheme (WIIS), smeared with poison as bait. the table below. UK, 2002-2011 during the 10-year period 2002 to 2011, since the storage or use of Number involving 80 Number birds recorded carbofuran was made illegal, Species presence of pesticide poisoned in UK 2002 to 2011 70 there have been 643 bird crime carbofuran poisoning incidents (incidents Buzzard 290 194 60 where birds were poisoned due 50 to abuse of pesticides or where Red kite 112 55 40 birds were vulnerable to illegal Peregrine 44 19 poisoned baits). Of these, 30 Golden eagle 14 13 317 (49%) involved carbofuran. 20 The graph above right shows Goshawk 7 7 This red kite in Cambridgeshire the proportion of carbofuran 10 was yet another victim of incidents during this period. White-tailed eagle 6 4 0 carbofuran. It was one of 17 red 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 kites known to have been illegally NI Wales England Scotland poisoned in 2011. The real figure was undoubtedly far higher.

14 15 Shooting and destruction of 2 birds of prey

Confirmed bird of prey and owl shooting, destruction and poisoning incidents 2011 In 2011, there were 202 reported The most commonly reported incidents of illegal shooting, crime was shooting, with 85 Incident trapping and nest destruction reports of incidents involving the Illegal pole/spring trapping (4) involving birds of prey (see shooting or attempted shooting Illegal trapping other (7) Appendix I). This is lower than of raptors and owls. Of these, This recently shot short-eared Nest destruction (1) the 235 incidents reported in 31 were confirmed and a further owl was found hidden under a boulder during the execution of a Persecution other (2) 2010, and lower than the last 24 were probable. five-year average (2006–2010 search warrant by Grampian Poisoning (40) Police on a grouse shooting average of 248 reported There were 11 reported incidents Shooting (28) estate in Aberdeenshire in May incidents).The number of relating to destruction of birds of 2011. The search followed the confirmed incidents was 45, prey nests, eggs or chicks (of discovery of a poisoned golden which is lower than the last five which one was confirmed), eagle on the same estate. year average (2006–2010 average 26 reported incidents Intelligence from within the of 50 confirmed incidents). (12 confirmed) in relation to the shooting community suggests illegal trapping of birds of prey that large numbers of short-eared Of the 202 reports, 45 were and a further 80 reported owls are being killed on some confirmed and 59 were probable. incidents of other offences. grouse moors. R S P B

S c o t l a n d

Note: the number of mapped incidents is fewer than the number reported, as not all incidents can be allocated a grid reference. Where more than one incident occurred in the same 10 km grid square, the relevant symbols have been moved slightly for clarity.

16 17 Investigations into shooting and trapping incidents in 2011 G N . o

r S f h o o l k r

r P o o c l k i c

( e R S P B ) N

T u r n

Hertfordshire Police and the RSPB undertaking e r a line search in October 2011 following an allegation of red kite shooting.

This young marsh harrier was found shot near Barnard Castle, Co. Durham, in September 2011. It had gunshot wounds to both wings and one leg. Despite a reward being offered for information, no-one was convicted of this crime. Happily, after successful veterinary care, it had recovered sufficiently to be released back to the wild in the spring of 2012.

Norfolk Police discovered this tawny owl caught in a pole trap after a tip-off from the public in May 2011. The trap had been set on top of one of the posts of a chicken run at Easton near Norwich. The owl had suffered horrific injuries to both legs as the trap had cut through the skin and flesh down to the bone on both legs. The setting of pole traps has been outlawed for over 100 years. The person who set the trap was fined just £100.

18 19 New studies throw further light on the extent of raptor killing on shooting estates M a ) r k m

T o bred much less successfully than h c . o s m e those in other habitats. g a a s m ( i R - S b

Dr Arjun Amar, the paper’s lead P p B s r ) (

author, said, “I was shocked at l l e n just how low the bird’s breeding K e

v output was on grouse moors; e t

S they were significantly less likely to lay eggs or fledge young.” He added, “The few birds that did lay eggs or fledge young on grouse moors did just as well as those breeding off grouse moors, which suggests that a shortage of food supplies can be ruled out of the equation. The only logical explanation for these differences is that persecution is rife on many driven grouse moors.” Performance was so bad A recently fledged peregrine. A study showed that peregrines that peregrine populations would on some grouse moors fledged fewer young. be unable to sustain themselves on grouse moors without immigration of birds from hawks, 5,495 owls and 1,921 none of this beat’s incidents, other habitats. ravens were killed on the Estate. showing that recorded crime is There was considerable variation just the tip of the iceberg. Another paper in Scottish Birds between gamekeepers, with a Encouragingly, the Atholl estate revealed that persecution of few not killing protected birds. is now heavily committed to birds of prey on an estate in wildlife tourism and has Buzzards are the most commonly persecuted bird of prey in the UK. Perthshire was rife up to the late The study compared developed a wildlife ranger 1980s. More birds of prey and documented persecution with service part-funded by SNH. owls were killed there than have long-term datasets held by Raptor persecution on sporting apparent from “vermin books” light on the scale of the killings. ever been reported in bird crime the RSPB. The result of this relentless estates remains a serious that are occasionally recovered A study published in the journal figures for Scotland in one year, onslaught is not difficult to find. conservation problem. But just by police. In 2008, for example, Biological Conservation looked at confirming that bird crime largely The “vermin” figures on just one In 2011, the hen harrier declined how many birds of prey are one such book from a lowland peregrine nest data collected by goes unreported. “beat” on the estate between to just four successful nests in killed? Some gamekeepers pheasant shoot indicated that, raptor study groups across 1980 and 1988 showed an England, leaving it on the brink claim, in confidence to the in less than a year, two northern England. More than a Bob McMillian, former ACC of average of 25 birds of prey and of extinction there. The RSPB, that single estates are gamekeepers had killed 102 thousand nest histories were Tayside Police, was allowed owls being killed each year. government must find practical killing more birds of prey than buzzards, 40 badgers and studied in the north of England, access to game and vermin lists RSPB records of confirmed and innovative methods to bring the total number of confirmed 37 ravens. over nearly 30 years between for the Atholl Estate, the second incidents of persecution for the pressure to bear on those incidents recorded annually by 1980 and 2006. The study found largest estate in Scotland, from whole of Scotland for the same sporting estates that continue to the RSPB for the entire UK. Recently, two papers have been that peregrines on or close to 1867 to 1988. Records from period averaged fewer than sanction their staff to commit Some support for this is published that shed yet more intensive grouse moor areas 1867 to 1911 show that 14,386 14 incidents a year, and included criminal acts on their behalf.

20 21 Egg collecting and disturbance Case studies 3 Serial egg collector “banned from Scotland” J

In 2011, there were 30 reported Confirmed robberies involved the In 2011, there were also A With four previous convictions to in custody in Scotland, a search

D a

incidents of egg collecting and nests of three avocets. Probable 18 reported incidents of illegal v his name, Matthew Gonshaw by the Metropolitan Police i e s

egg thefts, and four reports of robberies involved the nests of photography and disturbance ( has become synonymous with Wildlife Crime Unit and the N a t

eggs being sold. This is lower five peregrines and one of Schedule 1 species, (the i the illegal taking of wild birds’ RSPB at his home address in o n a

than the combined egg Slavonian grebe. 2006–2010 average was l eggs and in 2011 he went a step Bow, London, uncovered nearly

N e

collecting and egg sale total of 39 incidents). w further, being the first ever 700 more wild birds’ eggs. s 46 incidents reported in 2010, These relatively low figures are a ) wildlife criminal to receive an and below the last five-year good sign, and illustrate that Anti Social Behaviour Order RSPB staff found the collection average (2006–2010) of 65 since the early 1990s the (ASBO), banning him from contained three clutches of incidents per year. numbers of egg collecting Scotland. golden eagle, osprey and avocet incidents have reduced eggs, the latter taken only a few There were three confirmed and significantly, and that this On 1 June 2011, Matthew weeks before the search six probable nest robberies from downward trend continues. Gonshaw was intercepted by warrant. Notes seized from Schedule 1 species reported in However, it is clear that a Northern Constabulary and the Gonshaw suggested that he had 2011 (see Appendix V). These number of individuals are still NWCU on the remote Scottish visited Scotland several times involve both egg collecting actively taking either eggs for island of Rum. He was found to and had targeted golden eagles incidents and eggs and chicks collections, or chicks for falconry be in possession of 20 wild bird in the Western Isles and ospreys taken for the live bird trade. purposes. eggs, including eight Manx and redwings in the Highlands. shearwater eggs. Whilst he was It was also clear from his M ) a B r k P

T S

Matthew Gonshaw h R ( o

m k

c arriving at court a o s r r

( o R h S S P

. B G )

Twelve avocet eggs taken by Gonshaw from Two Tree Island, Essex, April 2011

Golden eagle eggs taken by Matthew Gonshaw from Isle of Lewis, Scotland 2010. The size of the “blow holes” confirmed the eggs held well-developed embryos.

22 23 Operation Compass points the way M C h a r r i k notebooks that he had started s

T G h o

collecting again straight after his o m m e a

last conviction and jail sentence East Anglia is renowned for its r s s

a ( R l

in 2004. diversity of birds, particularly l S

( r P s B

scarce breeding species such as p ) b - i

A large amount of egg collecting bittern, marsh harrier, little tern, m a paraphernalia was found at the Montagu’s harrier, avocet, stone g e s . c

house, including egg collecting curlew and golden oriole. o m

books, padded containers and ) maps. Gonshaw was arrested in Sadly, these species attract not England and interviewed. Both only birdwatchers but also egg Scottish and English cases then collectors. Over the past 20 progressed separately. years the RSPB has been aware of a number of nest robberies On 13 December, Gonshaw but thankfully in recent years the was sentenced to six months’ situation has improved. We think imprisonment at Thames this is largely thanks to the Magistrates Court, London, after introduction of custodial pleading guilty to 10 charges sentences for wildlife crimes Avocet eggs are sought by collectors including taking and possession under the Wildlife and of eggs and going equipped to Countryside Act 1981, and to the commit the offences. Judge activities of “Operation known egg collecting vehicles Scolt Head to be hatched in Ashworth said that Gonshaw WCO Steve Rodgers with birds’ eggs recovered from Compass”. being distributed around the captivity, and the seizure of more had targeted the rarest birds, Gonshaw’s home. network in real time. With over than 3,000 eggs from a collector putting them at peril and Operation Compass is an one hundred subscribers, this living in a caravan park in affecting the communities in anti-egg collecting initiative run represents a significant “eyes Norwich. The latter case which the birds were found. The ASBO was ordered with wildlife of Scotland from by Norfolk Police and the RSPB. and ears” presence on the attracted national media eight conditions; most predators like Gonshaw. The success of the operation lies ground. Every major nature coverage, with the collector On 17 February 2012, Gonshaw significantly, Gonshaw was in the quick dissemination of reserve from The Wash to the receiving a five month jail appeared before Stratford banned from entering Scotland Gonshaw now has the notoriety intelligence reports around a Suffolk Coast is involved, sentence, after relentlessly Magistrates Court, London, between 1 February and of becoming the most jailed egg network of key partner including multiple sites along the targeting nightjar and nightingale where a post conviction 31 August for 10 years. collector in Britain, with five organisations and nature Norfolk Coast, Breckland and nests in particular. Anti-Social Behaviour Order sentences. With this background reserves. The network is the Broads. (ASBO) was imposed upon him On 11 May 2012 Gonshaw was it remains to be seen if these supported by Wildlife Crime Operation Compass goes from for egg collecting, this being the back in court, this time in ASBOs have any effect. If Officers from Norfolk, Over the past 15 years several strength to strength and the first ever ASBO in a UK wildlife Scotland, for the offences on the Gonshaw continues to take eggs Lincolnshire and Suffolk successful high profile partnership is indebted to the case. The court had been handed Isle of Rum. At Inverness and breaks the terms of the police forces. prosecution cases have come past and present organisation of statements from ten concerned Sheriffs Court he was sentenced ASBO he is liable to a maximum from Operation Compass, all the operation by police officers individuals and organisations, to six months’ imprisonment and of five years’ imprisonment and a In the past, egg collectors would attracting considerable media Alan Roberts, Jerry Simpson, Jon including the RSPB, Wildlife received a further ASBO, banning fine of £20,000. visit East Anglia for several interest. These include four men Hopes, Jason Pegden, Nigel Trusts, NWCU, raptor him from Scotland between consecutive days and target a from Essex and another egg Lound, Nick Willey and Rebecca fieldworkers and the 1 February and 31 August for life. Gonshaw has appealed against number of nature reserves. collector from Wales caught O’Neil, as well as all the reserve co-ordinators of the anti-egg the conditions of the ASBO Operation Compass actively taking eggs on Blakeney Point, a wardens of the supporting collecting initiatives “Operation Sheriff Neilson commented that imposed on him by the disrupts this offending pattern, captive wader enthusiast caught organisations. Easter” and “Operation Compass”. it was her duty to protect the English court. with the details of suspicious or taking ringed plover eggs near

24 25 Trade in wild birds and taxidermy Case studies 4 Third conviction for taxidermist J o h n

B r i d g

In 2011, there were 107 reported e A taxidermist from Rowelton, person in Germany. Enquiries skulls and various bird s

( r

incidents involving the taking, s near Carlisle, received a identified McPhail as the seller, specimens. During interview, p b -

sale and possession of live and i surprisingly light sentence after his history showing that over a McPhail admitted knowledge of m a

dead birds (2006-2010 average of g his third conviction for taxidermy 16 month period he had offered the wildlife trade regulations and e s .

125 incidents). As with previous c offences. Gary McPhail pleaded for sale almost 200 animal that he did not have the relevant o years, the majority of 2011 m guilty at Carlisle Magistrates related items, ranging from certificate in relation to the ) incidents were cases of taking, Court in January 2012 to a suite taxidermy specimens to wild porpoise. He could not produce selling and possessing live of possession and trade offences bird skulls. any records of acquisition for any non-birds of prey (mostly finches) involving protected species. His of the species he had sold or to accounting for 69 incidents. punishment was a 12-month On 23 August, Cumbria officers, having any European Protected There were 26 incidents conditional discharge and along with an NWCU and an Species licences (EPS) to involving birds of prey and 12 £85 costs. AHVLA Wildlife Inspector, possess the otter skulls. He also incidents of illegal taxidermy. executed a search warrant at admitted selling parts of a The enquiry came to light in McPhail’s home address, where gannet and razorbill on eBay. August 2011 following the sale of they discovered the vertebra of a a porpoise skull on eBay to a porpoise along with four otter

Skulls found at McPhail’s address C u m b r i a

P o l i c e

The majority of incidents of taking and selling wild birds involve finches like the bullfinch. Most cases involving these species are prosecuted by the RSPCA

26 27 Prosecutions in 2011 Case studies 5 First prosecution for using lead shot to kill a bird. S N t e . Y

The RSPB maintains a record of v

Mute swan shot by Quince. o e r

k R

prosecutions involving offences It is illegal to shoot ducks, s o

P u o n geese, swans, coots,

against wild birds. In 2011, the l d i c

( e r moorhens, golden plovers RSPB was involved with, or s p

b and snipe using lead shot in informed of, the prosecutions of - i m

a England and Wales.

42 individuals, including g e s

prosecutions taken by the Crown . c o Prosecution Service, Procurator m ) Fiscal and the RSPCA. All of these individuals were convicted on one or more charges (one case involved an acquittal on all On 16 May 2011, Simon Quince the wildlife related charges and of Hemingfield, Barnsley, one case was later overturned pleaded guilty at Harrogate on appeal). Magistrates Court to two charges relating to the shooting The 42 prosecutions involved at of a swan. He was fined £445 for least 152 charges;124 of these causing criminal damage to a were under the Wildlife and swan and a further £100 for the Countryside Act 1981, 12 under use of lead shot, contrary to the the Food and Environment Environmental Protection Protection Act 1985 and five Regulations 1999. He was also birds with lead shot. The use of poisoning in terrestrial habitat under the Control of Trade in ordered to pay £100 costs. lead shot over many wetlands and for scavengers, such as birds Endangered Species was also banned. Similar of prey. There is some worrying (Enforcement) Regulations 1997. Quince claimed he had shot the regulations have since been evidence showing that these Amongst other charges was one bird after mistaking it for a goose introduced across the UK. lead fragments are not always believed to be the first conviction (which would still have been The aim was to prevent birds removed by the standard under The Environmental illegal under the English lead ingesting stray shot with the grit butchering process and can Protection (Restriction on Use of shot regulations). After seeing they swallow to aid digestion. In potentially contaminate the Lead Shot) (England) Regulations four birds in the sky during a the UK, tens of thousands of human food chain. The 1999. Of these charges, 137 shoot, he discharged both barrels birds are estimated to be Government has set up a Lead resulted in a guilty outcome of his shotgun, causing one bird poisoned by lead every year. Ammunition Group to consider a (90%). Fines for the year totalled to fall to the ground. He then Despite this, the regulations are proportionate response to this £37,690 and four people were realised he had mistakenly shot a still being flouted. This conviction new evidence. Visit awarded custodial sentences juvenile mute swan, which is reinforces the conclusions of a www.leadammunitiongroup. (one of which was suspended). fully protected. The severely recent report to Government co.uk for more information. injured bird was taken to a vet, stating that 70% of a sample of but had to be put down. ducks on sale in England were shot illegally with lead. Crimes against The Environmental Protection sparrowhawks resulted (Restriction on Use of Lead Shot) Recent evidence suggests in the convictions of a (England) Regulations 1999 ingestion of unretrieved or gamekeeper and a banned the shooting of swans, injured gamebirds shot with lead pigeon fancier in 2011. ducks, geese and certain other ammunition can cause lead 28 29 Guy Shorrock (RSPB) 1 , t r 3 c d e i e n h d t g a r s

a i d e n e h u v

e h J l w

y d b a , t o n

t n r e a

a o c

i p B d t . t ,

r d p e n e d r s d e r a s r o e

e i e y p s t e c i v e n x E

a c n

h i r e r m f t f

e m f e f i

o s i g r r e t o h o

s d n e e d e i

t g e p n f B n s r G x n o

P i A a n r i

e r c d . S

e w e , n w e

n R y l v - e a

i l n l o l o b d r l d i b r s e w t o p n d a a d i o a o l u

e r m r w e o n m c e a B r f I W t n s t i l d

d g a o l a

e n l c n a e e i n

g a a e i p a

d d n n m r

d p p e u t e e o e y l o l n p h a c e h n v a c

c i S a o a r t n i

n e n b .

e h s y d d p n o h e s

o d l a

t e m n c o T i h l t w

d s s B a . . o

v , a , -

k f

t l s d o l c 0 2 P e i t r 4 c

a o c a e 1 m 0 S i s

a u r e e 0 r m

a t 0 w y n l R 0 o t e t h l , i l p s 2

e t i

0 a d t a e 0 C

u p e

d t f y 0 l g g . a 0

h c , r g o n

r u a a t 1 s 7 s

o a a n n

a r n

p i g l l £ a s £ f w n

u e r

a o

n a e f a l o

o f i t s l n w e d

r d

e a

t a d o e a w e y

e d s p t C s d n

s ’ g e J t t i

i s c i

a e l p e o n n s t h r i t y i e s u 4 a l b g t c s g

s m b w w h e r d 2 i u r n e t

e e t d d n c a o o

o s t v e u r r f s r n x h d n o h e n n a e o e a B c T i i a c p o D r l B n i

t h d r g i n u b o

a s k . c i

p h w y

l a T a l

e r

. t a h v r r

i .

l g o o e w

n n e o o l a g o o l o

r i a

e M M g c p

a n g

n i a i n n p s e r ’ p n s e e t

e i n

d d a e b d e t

t w i a w w g n d o h o o e r a a o B w c h H H D C d t k , n r 1 a o d

1 s l y k 0 w e a i

e 2

f w p n

f d r

H i a i e

o e o a . h

t n t p

p y s a u w t n a d l J e i r o

u e t r h p

u r g

r n r i g C e a e

u t a d t p g a r d o r a s a r

u n h

c - l . o s a

u t 0

s s e d o C

t a g 0 f

c a e

s 1 n t s n i

i w s o y

e e a a a p t c e f

b f p a w d

n e r 0 a o

t a e r a p 0

t r s v n

r i i 0 g r , w e e g e p n e i 0 v p o a c d t r s r 1 e f e a B s M a u r o £ f s o e

d s v e i n d t d r e a c i s

r a r b s e

i k h n d o s d a l n w w

a b e

a a

r g

w h . e n 1 r i e f s r s l 0 f l y o a e e u 0 a o g e p n r

s v 2

e g s c e e n e p i n g v e e i

k t m a d d d e

s a e h n u f

c l s e m , i i

o c n

a s h e e

t n d g e i p k h

t e n r , o k i

t a r w y r e t s c a i i e g r h s

r e t h v e a s p s r i o n t

e o f e h n o a a T c g o c p m p a o r . e e

y g s e p p b r r n

a i a e n r o c d I h e t t

o e . k s e e r g e k e i h f c h e r m t g l t p i

v i

a f , o n Y

a r c e

t s g r i h y n t

a l d a t a l t

h n u e a c g w i o s a w

y o n r l n

i i i

t n S f t e o

s d t , i v s w s i n y i w l u D o

D e r e

r c

l t n a T l t t k

B l a s a a

w h

a ,

V o t e

o k i v n 0 B t r P 1 m o

n w P l i B t 0 a

t n

e a S s

d a n

r n R w e i n e

y N o e t r

a i t a e e l e f a n g 0

c P

A a G M t b o D 3

) B P S R ( k c o r r o h S y u G Goshawk keeper makes a bad situation worse Photographers disturb rare eagles

A goshawk keeper repeatedly A search of Howells’s home by established that the bird was by Two photographers who White-tailed eagles were economy depends to a large ignored requests by Animal South Wales Police and an then being housed in the Taunton disturbed nesting white-tailed reintroduced to Scotland, after extent on wildlife tourism and Health to register the goshawks Animal Health Wildlife Inspector area of Devon. Action was taken eagles on the Isle of Mull were becoming extinct in the UK early we welcome thousands of he kept – and when he did discovered two goshawks. against Howells due to a history convicted of the offences in in the 20th century. Eagles, a responsible, law-abiding visitors finally apply, he lied in his Although both birds were fitted of failing to register Schedule 4 November 2011 at Oban Sheriff’s significant tourist attraction, who respect and enjoy the application. with leg rings, neither bird had birds despite repeated contact Court. Yuli Panayotov, from bring £5 million to the local wildlife they’ve come to see. been registered with Animal being made with him by Lambeth, London, and Ivaylo economy every year. This species But unacceptable behaviour from On 13 November 2011, Ryan Health as is required of a Animal Health. Takev, from Norwich, were has the highest level of people who think they are above Howells, 31, of Rhondda Cynon species listed in Schedule 4 of charged with recklessly protection of any British bird, the law and choose to disturb Taff, South Wales, pleaded guilty the Wildlife and Countryside The RSPB is concerned that the disturbing breeding birds of prey due to its rarity and sensitivity protected wildlife such as the at Rhondda Magistrates Court to Act 1981. number of Schedule 4 species near the nest in May 2010. They to disturbance, particularly during eagles will not be tolerated – two offences of failing to required to be registered in were fined a total of £1,100. the breeding season. It is illegal wildlife photographers in register a goshawk, and a Later, Animal Health received a captivity has been reduced over to disturb, intentionally or particular need to take note.” further offence of furnishing request from Howells to register the years, making it increasingly Several witnesses had seen the recklessly, a white-tailed eagle false information in order to the bird. The application stated difficult for the enforcement adult birds circling over their nest at or near the nest without a An attempt by the two obtain registration for a that the bird was still being kept agencies to detect and and alarm-calling. White-tailed Schedule 1 licence from Scottish Bulgarians to lodge an appeal Schedule 4 bird. He was fined at his home address in South investigate crimes involving eagles are particularly sensitive Natural Heritage. against their conviction was £200 plus £85 costs and a £15 Wales. However, Devon and rare birds for which a black to nest disturbance. Strathclyde later declared “devoid of any victim surcharge. Cornwall Police had already market exists. Police later discovered a Dave Sexton, RSPB Scotland’s substantial merit” by an appeal photography hide near the nest. Mull Officer, added, “Mull’s court judge. W h i t e - t a i A l

One of the unregistered e L White-tailed eagles are d V

e goshawks H a

A a significant tourist g l attraction on Mull. e

b y

S t i g

F r o d e

O l s e n

32 33 Gamekeeper loses his case and his Review of 2011 trapping licence 6 Partnership for Action Against Wildlife Crime (PAW) ) B P S R (

k c o r r o h S An Aberdeenshire gamekeeper on the Aswanley Estate following offender received an Partnership for Action Against who admitted using a live decoy his conviction. However, the admonishment or an absolute Wildlife Crime (PAW) G pigeon in a cage trap failed to position had been kept open for discharge. The individual ban get his sentence reduced so that him in the hope that the continues until the conviction is he could operate traps again as sentence would be reduced to “spent” under the terms of the a gamekeeper. an admonishment or an absolute Rehabilitation of Offenders discharge. The defence claimed Act 1974. In September 2010, an RSPB that the consequence of a fine officer found an unset cage trap would be that Barrie would be Lords Hardie and Wheatley In October 2011, 110 delegates containing a live pigeon on the “rendered unemployable as a rejected the appeal, saying that attended the 23rd annual Wildlife Aswanley Estate near Huntly. The gamekeeper, because, unless Barrie “must have been aware Enforcers’ Conference in trap was near a partridge pen. you have a licence, you are no that it was a breach of his Harrogate, North Yorkshire. The The use of pigeons in traps such use to an estate”. licence to have a live pigeon in a WWF-sponsored Wildlife as these poses a threat to Larsen trap as a decoy for some Enforcer of the Year award was goshawks, sparrowhawks, Open general licences are issued other species. If he did not know presented to WCO PC John buzzards and other protected by Scottish Natural Heritage that, it is astonishing, given his Shaw of Cumbria Constabulary. species. When the trap was (SNH). They cannot be used by 14 years as a gamekeeper, A Lifetime Achievement Award discovered, a live buzzard was anyone convicted under the and his father a gamekeeper was also presented to Charles sitting on top. A local Wildlife and Countryside Act before him.” Mackay of the UK Border Agency gamekeeper, Craig Barrie, since January 2008, unless the (UKBA), recognising a career-long admitted that he was responsible dedication to CITES for operating the trap. enforcement. A live buzzard sitting on top of one of Barrie’s traps. On 28 October 2011, at Aberdeen Sherriff Court, Barrie R ) S pleaded guilty to possession and B P P B S

R control of the live pigeon in the S ( Charles McKay from UKBA

c k o c trap. The Crown accepted a plea t receiving his lifetime l o a r r n o of not guilty to a charge of using d achievement award h S the trap to catch a buzzard. G Barrie was fined £520. The conviction prevented Barrie from operating under the open WCO PC John Shaw, Wildlife Enforcer of the general licences, which permit Year, receives his award the control of certain species from WWF’s Heather Sohl. such as corvids.

On 1 February Barrie appealed his conviction, and at the High Court of the Justiciary in Edinburgh The court heard that Barrie had resigned from his job

34 35 Legal issues Forensic update

Amendments relating to Claiming that eggs were taken Judicial Review on the grounds possession of birds’ eggs prior to the WCA has been a that there was insufficient Forensics Working Group supported a range of methods crime has been compiled and ruled unlawful commonly-used defence by consultation by Government on Forensic Analysis Fund including: - published by the PAW Forensic modern-day egg collectors. the changes to the defence of • Radiocarbon dating to age Working Group (FWG). This A recent High Court ruling has possession of the eggs leading The Forensic Analysis Fund is elephant ivory and ocelot skin includes a list of successful established that 2004 changes to Statutory Instrument 2004 up to the 2004 amendment. an initiative driven by the • Identification of rhino horn prosecutions where forensic the Wildlife and Countryside Act No. 1487 was used to amend the Defra conceded this point and on Partnership for Action against down to species and individual analysis has been used in the 1981 (WCA) in England and WCA definition of “wild bird” to 12 March 2012 a Consent Order Wildlife Crime (PAW) Forensics level last 15 years. There is a Wales relating to the possession ensure compliance with the EU’s was issued by the High Court Working Group. It was launched • Handwriting analysis to summary of the types of of birds’ eggs were not properly Birds Directive. It also closed a ruling that this change to the in 2008, and the fund is available investigate fraudulent data forensic tests currently available consulted on, and were therefore loophole relating to the defence was made unlawfully. to Police and Customs officers cards for birds’ eggs and details of organisations that introduced unlawfully. possession of birds’ eggs and The conviction of Dodsworth who require financial support to • DNA profiling to check captive carry out these tests. The online treated them the same as the was also quashed. use forensic analysis in wildlife breeding claims for goshawks resource includes the PAW The Protection of Birds Act 1954 birds that laid them, so that crime investigations. Four • Veterinary and professional Wildlife Crime Forensic Guide brought in protection for birds possession of any eggs taken Defra has announced its agencies, TRACE, WWF, RSPB examinations of taxidermy 2005; details of the wildlife DNA and their eggs. The WCA made it since 1954 became unlawful. intention to consult again on this and Defra, have all contributed specimens to provide sampling kit; a list of approved illegal to possess wild birds killed matter and the RSPB hopes this money to the scheme. The information on provenance and vets for wildlife crime casework; or taken unlawfully since 1954. In September 2009, an egg loophole can be permanently money can be used to match up cause of death. and contact details for FWG But as far as eggs were collector called John Dodsworth closed. A similar amendment in to 50% of the forensics costs of • Analysis of computer records. members. This information can concerned, it only covered was convicted of possession of Scotland was brought in through a wildlife crime investigation. To now be viewed on the Tools and those taken unlawfully since birds’ eggs believed to have been a different consultation process date, money has been provided More information about the use Resources for Applied the WCA came into force taken between 1954 and 1982. and remains in force. from the fund in relation to more and funding of forensic Conservation and Enforcement (September 1982). Solicitors on behalf of Dodsworth than 20 applications. This has techniques for tackling wildlife (TRACE) website applied to take the matter to www.tracenetwork.org/ pawforensics S G A u S y A TRACE is an international NGO

h that promotes the use of The High Court has ruled o r r o forensic science in conservation

that the legislation making c k

(

possession of wild birds’ R and the investigation of wildlife S P

eggs taken between 1954 B crime. and 1982 an offence is ) unlawful. Defra intend to re-consult on this matter.

Swabbing a hare to collect forensic evidence.

36 37 RSPB International Update Cyprus conference tackles illegal bird killing G u y

S h o r r o c k

( R

Enforcement action in Bulgaria enforcement workshop in Sofia. sign of any action and RSPB In July, Cyprus hosted delegates S P This was followed in September Investigations continued to work from across Europe to discuss B ) An ongoing EU-Life project run 2011 by a presentation by Alan with the BSPB and the Bulgarian ongoing problems with illegal by the Bulgarian Society for the Roberts, an Investigative Support Police. Eventually in December killing and trapping of birds Protection of Birds (BSPB), Officer with the NWCU, at a 2011, an RSPB Investigatons across the continent. The assisted by the RSPB, seeks to CITES enforcement conference Officer travelled to Bulgaria to meeting, which was attended by improve the conservation status near Varna, Bulgaria. The assist the police with a raid on a wide range of conservationists, of threatened birds such as saker presentation outlined the wildlife the apartment of a UK national hunting representatives and falcons and imperial eagles. Part crime enforcement work in the living in Burgas. A small number enforcement experts, agreed a of the project involves trying to UK and the role of statutory and of birds’ eggs was seized, series of recommendations, improve the ability of the non governmental agencies, including the egg of a griffon which we hope will help address Bulgarian statutory agencies to Partnership for Action Against vulture, a very rare species in illegal bird killing across Europe, tackle wildlife crime. The RSPB Wildlife Crime (PAW) and the use Bulgaria with approximately from persecution of birds of prey Investigations Section has been of the National Intelligence 50 breeding pairs. Also seized in the UK, to trapping of assisting with this process. In Model (NIM). were detailed journals, migrants on Mediterranean 2010, three Bulgarian officials photographs and climbing islands such as Cyprus and visited the UK Wildlife Crime Coincidentally, during the period equipment. The seizure received Malta. The conference was also Conference to see at first hand of the project, information came widespread coverage in the addressed by the Cypriot the range of work being to light alleging a UK national Bulgarian media and Minister of the Interior, who undertaken. was egg collecting in Bulgaria. investigations are continuing. promised that Cyprus would Intelligence was passed to the stamp out illegal trapping of A turtle dove with an injury to its neck In 2010, Brian Stuart, former Bulgarian authorities by the migrants on the island by the from an illegally set mist net head of the NWCU, attended an NWCU. However, there was little end of 2012.

The promises made at the July net use, and levels of limestick much work still to do if the conference were swiftly followed use very high in Republic areas, positive noises made during the by the stern reality test of the in keeping with the alarming Larnaca conference are to be G

The egg of a griffon vulture u autumn trapping season. Autumn pattern recorded since 2007. turned into effective conservation y

was one of those seized S

h is the worst time for trapping in Although there were some action. o

from a UK national in r r

o Cyprus, and autumn 2011 was no efforts to tackle the sale of

Bulgaria in 2011. c k

( exception. A BirdLife field survey ambelopoulia in restaurants, In more positive news, the R S

P team located some 3 km of these remained sporadic. A declaration made at the B ) active mist net rides during positive note was the November conference led to the Convention September and October 2011. On imposition of a €10,000 court on Migratory Species (CMS) the plus side, and following the fine for a restaurateur convicted adopting a new resolution to Interior Minister’s conference of possession of trapped birds. tackle poisoning of wildlife across vow to stamp out trapping, there the globe. The process established was a 40% reduction in mist net With the completion of the by this resolution is recognition use in areas controlled by the winter 2011/12 field monitoring that poisoning, both illegal and Republic. But overall, trapping season, BirdLife Cyprus accidental, is a significant problem levels remained at a 10-year high, estimated the total bird death toll of global conservation concern, with the British Sovereign Base for 2011 to be in the region of which requires a global effort to (SBA) areas a real hotbed of mist 2.8 million birds. Clearly, there is tackle it.

38 39 Appendices Appendix I – Incidents reported to 7 the RSPB 2006–2011

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

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

Incident type 2006 2007 2008 2009 2010 2011

Shooting and destruction of birds of prey 210 273 238 283 235 202 Theft, sale and possession of birds of prey 41 25 49 74 37 26 Poisoning and use of poisoned baits 196 172 135 153 129 100 Import and export of live or dead birds 28 2 1 3 2 0 Theft, sale and possession of non bird of prey species 67 58 69 107 65 69 Taxidermy and possession of dead wild birds 20 11 5 11 4 12 Egg collecting and egg thefts 79 48 39 64 44 30 Sale of eggs 16 18 14 2 2 4 Photography and disturbance 35 33 31 44 50 18 Total 692 640 581 741 568 461

UK breakdown for above incident types in 2011:

England 308

Scotland 94

Wales 23

Northern Ireland 25

UK unspecified 11

Total no. UK incidents recorded by the RSPB in 2010: 461

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

40 41 Appendix II – Regional breakdown of incidents reported in 2011

Region County Birds of prey or owls Other * Total Region County Birds of prey or owls Other * Total Eastern England Bedfordshire 202 South East England Brighton and Hove 101 Cambridgeshire 336 East Sussex 303 Essex 213 Greater London 3912 Hertfordshire 9312 Hampshire 235 Lincolnshire 13 2 15 Isle of Wight 112 Norfolk 6814 Kent 347 Suffolk 7512 Portsmouth City 101 Total 42 22 64 Surrey 123 West Berkshire 404 Central England Buckinghamshire 314 West Sussex 101 Derbyshire 6713 Windsor and Maidenhead 101 Herefordshire 213 Total 21 19 40 Leicestershire 6511 Northamptonshire 213 South West England Bristol City 011 Nottinghamshire 729 Bath and North East Somerset 101 Oxfordshire 505 Cornwall 347 Shropshire 7815 Devon 15 2 17 Staffordshire 347 Dorset 707 Warwickshire 538 Gloucestershire 819 West Midlands 2911 Somerset 246 Worcestershire 123 Wiltshire 516 Unspecified 101 Unspecified 101 Total 50 43 93 Total 42 13 55

Northern England Cheshire 213 Northern Ireland Antrim 9615 County Durham 7411 Armagh 213 Cumbria 8715 Down 224 East Riding of Yorkshire 101 Fermanagh 101 Greater Manchester 224 Londonderry 112 Lancashire 36 6 42 Tyrone 314 Merseyside 134 Total 18 11 29 North Lincolnshire 101 North Yorkshire 33 7 40 East Scotland Aberdeenshire 516 Northumberland 617 Angus 112 South Yorkshire 617 Fife 224 Tyne and Wear 7411 Perth and Kinross 12 4 16 West Yorkshire 13 3 16 Total 20 8 28 York city 011 Unspecified 112 North Scotland Highland 23 6 29 Total 124 41 165 Orkney 022 Shetland 011 Western Isles 101 Total 24 9 33

42 43 Appendix II – Regional breakdown Appendix III – Confirmed and of incidents reported in 2011 probable bird of prey and owl persecution during 2011

Region County Birds of prey or owls Other* Total Persecution type Month Species Confirmed Probable County SHOOTING January Buzzard 01Highland South & West Scotland Argyll and Bute 101 February Eagle owl 10Gloucestershire Dumfries and Galloway 8311 Peregrine 10Lincolnshire East Ayrshire 303 March Barn owl 10Shropshire East Renfrewshire 011 Birds of prey 0?North Ayrshire East Dunbartonshire 101 Buzzard 10Hampshire Edinburgh City 022 Buzzard 10Norfolk Midlothian 202 Buzzard 10Windsor & Maidenhead North Ayrshire 101 Peregrine 01Essex North Lanarkshire 112 Red kite 02North Ayrshire Scottish Borders 549 Short-eared owl 0?North Yorkshire South Ayrshire 202 Sparrowhawk 10Warwickshire South Lanarkshire 9312 April Birds of prey 0?Derbyshire West Lothian 011 Buzzard 10Perth and Kinross Total 33 15 48 Red kite 10Cumbria Sparrowhawk 01Derbyshire Wales Carmarthenshire 224 Tawny owl 10Cumbria Ceredigion 303 May Buzzard 10Hertfordshire Conwy 101 Buzzard 10Isle of Anglesey Denbighshire 101 Buzzard 01Dorset Gwynedd 101 Peregrine 10Aberdeenshire Isle of Anglesey 101 Short-eared owl 10Aberdeenshire Merthyr Tydfil 011 Tawny owl 01Lincolnshire Monmouthshire 314 June Barn owl 0?Dorset Newport 112 Kestrel 10North Yorkshire Pembrokeshire 101 Red kite 10Buckinghamshire Powys 314 Tawny owl 01Hertfordshire Rhondda Cynon Taff 404 July Barn owl 01East Sussex Torfaen 202 Goshawk 20Midlothian Vale of Glamorgan 101 August Birds of prey 0?Shropshire Wrexham 011 Buzzard 0?Shropshire Total 24 7 31 Buzzard 01Kent Goshawk 0?Shropshire Marsh harrier 10County Durham Peregrine 10Cornwall Note: Incidents where the location was only given as “England”, “Northern Ireland”, “Scotland”, “Wales” or Peregrine 10Scotland “United Kingdom” are not included. The regional breakdown in Appendix II includes all incidents reported September Barn owl 01Northamptonshire to the RSPB. Figures of reported incidents in Appendix I are for the specified categories only; therefore Marsh harrier 01North Yorkshire Appendix I and II figures will not correlate. Tawny owl 01Dorset October Buzzard 10North Yorkshire *In 2009, the RSPB ceased recording certain categories of incidents, such as the shooting and destruction of non bird of prey species. The figures supplied for each region in the “other” column do not therefore give a total figure for non bird of prey incidents and are not comparable with figures provided for years prior to 2009. 44 45 Appendix III – Confirmed and probable bird of prey and owl persecution during 2011

Persecution type Month Species Confirmed Probable County Persecution type Month Species Confirmed Probable County Short-eared owl 10Essex OTHER January Buzzard 01South Lanarkshire Sparrowhawk 01Dorset March Buzzard 02South Lanarkshire Sparrowhawk 01Greater Manchester Buzzard 02South Lanarkshire November Barn owl 10Suffolk Buzzard 01South Lanarkshire Barn owl 10County Durham Hen harrier 0?Dumfries and Galloway Barn owl 10Cambridgeshire Peregrine 02Dumfries and Galloway Buzzard 10Isle of Wight Peregrine 0?Lancashire Goshawk 10Wiltshire Peregrine 0?South Lanarkshire December Barn owl 01Buckinghamshire Tawny owl 01South Lanarkshire Buzzard 10South Lanarkshire April Hen harrier 01South Lanarkshire Unspecified Buzzard 10South Yorkshire Hen harrier 0?Lancashire Unspecified Short-eared owl 0?Scottish Borders Hen harrier 02Lancashire Number of birds 30 16 Peregrine ?0Fife Peregrine 10Fife NEST DESTRUCTION April Peregrine 0?Scottish Borders Peregrine 02Dumfries and Galloway May Barn owl 1+ 0 Gwynedd Peregrine 0?Dumfries and Galloway Hen harrier 0?Highland Peregrine 0?Lancashire Hen harrier 0?Highland Peregrine 0?Lancashire Hen harrier 0?East Ayrshire Peregrine 0?Lancashire June Goshawk 0?Wiltshire Peregrine 0?Lancashire July Peregrine 02West Yorkshire May Birds of prey 01East Ayrshire Number of birds 1+ 2 Red kite 01Highland June Kestrel 10Highland ILLEGAL SPRING May Tawny owl 01Lancashire July Peregrine 02West Yorkshire TRAPPING Buzzard ?0Dorset Birds of prey ?0Powys Tawny owl 10Norfolk August Red kite 01Highland June Birds of prey ?0Nottinghamshire September Golden eagle 01Aberdeenshire August Birds of prey 0?Devon November Golden eagle 01Highland Owls 0?Devon December Peregrine ?0Merseyside Number of birds 11 Number of birds 2 21

ILLEGAL TRAPPING February Buzzard 10Perth and Kinross (OTHER) Buzzard 10Perth and Kinross Sparrowhawk 10Perth and Kinross For definitions of the categories “confirmed” and “probable” please see page 10. March Birds of prey ?0South Lanarkshire ? – no bird found, but the most likely/known target is listed. Buzzard 30Perth and Kinross May Peregrine 10Torfaen June Birds of prey 0?Antrim Kestrel 10Angus Number of birds 80

46 47 Appendix IV – Confirmed poison abuse incidents during 2011

Month Victim Number Poison County Bait Month Victim Number Poison County Bait January Buzzard 1 Carbofuran Scottish Borders - November Magpie 1 Bendiocarb Buckinghamshire - January Red kite 1 Bendiocarb Cumbria - November Red kite 1 Bendiocarb Buckinghamshire - January Fox 2 Aldicarb North Yorkshire - November Rook 1 Bendiocarb Buckinghamshire - January Cat 1 Carbofuran Northern Ireland - November Red kite 1 Alphachloralose North Yorkshire - February Red kite 1 Alphachloralose Highland - November Dog 1 Aldicarb County Durham - February Peregrine 2 Strychnine North Lanarkshire - December Red kite 1 Carbofuran Hertfordshire - February Cat 1 Coumarin/Coumatetralyl Tyrone - Number of victims 70 March Buzzard 1 Alphachloralose Hampshire - March Golden eagle 1 Carbofuran Aberdeenshire - March Red kite 1 Carbofuran Somerset - Items grouped by shading refer to one incident involving more than one species. March –BBendiocarb West Yorkshire Hen/chicken bait “B” indicates that a bait, but no victim, was found. March Buzzard 1 Carbofuran Devon - March Goshawk 2 Carbofuran Devon - March Buzzard 2 Alphachloralose Perth and Kinross Pheasant bait x 2 March Goshawk 2 Carbofuran Devon - March Buzzard 1 Carbofuran Antrim - March Buzzard 1 Bendiocarb Monmouthshire - March Red kite 1 Fenthion Pembrokeshire - March Cat 3 Aldicarb Lincolnshire - March –BAldicarb & Bendiocarb Suffolk Pigeon bait April Buzzard 1 Aldicarb/Carbofuran Highland - April Carrion crow 1 Alphachloralose Perth and Kinross - April –BCarbofuran Tyrone Pigeon bait April Peregrine 1 Diazinon/Dimpylate Shropshire - April Red kite 1 Carbofuran Down - April Carrion crow 1 Alphachloralose Perth and Kinross - April –BMetaldehyde Greater London Sausages May Red kite 1 Carbofuran Highland - May Dog 3+ Strychnine North Yorkshire - May Red kite 1 Bendiocarb Gloucestershire - May Raven 1 Carbofuran Dumfries and Galloway - May Buzzard 1 Carbofuran Aberdeenshire - June Red kite 1 Aldicarb Cambridgeshire - June Red kite 2 Fenthion Carmarthenshire - July Peregrine 2 Carbofuran Cornwall - July Peregrine 1 Aldicarb Devon - July Buzzard 1 Carbofuran Monmouthshire July Raven 2 Carbofuran Monmouthshire July –BBendiocarb Monmouthshire 2 x pigeon bait July Red kite 1 Carbofuran Dumfries and Galloway - July Cat 1 Carbofuran Antrim Sausages August –BAldicarb Highland Grouse bait August Magpie 1 Alphachloralose Armagh - August Red kite 1 Carbofuran East Aryshire - September Peregrine 1 Aldicarb Lincolnshire Pigeon bait September Buzzard 2 Carbofuran Lincolnshire Pheasant bait September Red kite 2 Carbosulfan/Benfuracarb Cambridgeshire - September Buzzard 1 Carbosulfan/Isofenphos/ North Yorkshire - Alphachloralose September Buzzard 2 Carbofuran Midlothian - September Sparrowhawk 2 Carbofuran Midlothian - September Raven 1 Bendiocarb Scottish Borders - October Buzzard 2 Aldicarb Staffordshire - October Hedgehog 1 Aldicarb Staffordshire -

48 49 Appendix V – Schedule I nest Prosecutions in 2011 robberies during 2011

Confirmed

Species No. of nests Nest content County Avocet 3 Eggs Essex Total 3

Probable

Species No. of nests Nest content County Peregrine 1 Chicks South Ayrshire Peregrine 1 Chicks Lancashire Peregrine 1 Chicks Lancashire Peregrine 1 Chicks Lancashire Peregrine 1 Eggs South Ayrshire Slavonian grebe 1 Eggs Highland Total 6

For definitions of categories please see page 10

50 51 Appendix VI – Wild bird related prosecutions in 2011

Penalty type Date Act Section Charges Prosecutor Court Surname Plea Outcome Penalty type Penalty Penalty 2 Details 2 06-Jan-11 Control of trade in Endangered 8(1) 2 CPS Hexham Magistrates Pyle G G Fine £500 Defendant (falconer) pleaded guilty to illegally purchasing two goshawks. Species (enforcement) Reg 1997 Ordered to pay £120 costs and forfeit both goshawks.

14-Jan-11 Wildlife and Countryside Act 1981 18(2) 1 RSPCA Darlington Dugdale NG G CD 1 year Defendant found guilty of possessing glue sticks and traps to take finches. Magistrates Ordered to pay £100 costs.

19-Jan-11 Wildlife and Countryside Act 1981 1(2)(a) 1 RSPCA Worcester Davies G G CD Defendant pleaded guilty to illegally possessing five goldfinches and a cage Magistrates trap capable of taking wild birds. 19-Jan-11 Wildlife and Countryside Act 1981 18(2) 1 RSPCA Worcester Davies G G CD 1 year Magistrates 02-Feb-11 Wildlife and Countryside Act 1981 1(2)(a) 5 RSPCA Aberystwyth Harty NG G CO 225 hours’ Defendant found guilty of possessing wild birds including ravens, other unpaid work corvids and a woodpecker. Also convicted of a number of animal welfare offences. Ordered to pay £13,853.90 in costs.

24-Feb-11 Wildlife and Countryside Act 1981 1(2)(a) 13 RSPCA King’s Lynn Easter NG G Fine £9,750 Defendant (aviculturist) pleaded guilty to possessing number of wild birds Magistrates including red-backed shrikes, nightingales, skylarks, wagtails, nuthatches, stonechats, goldfinches and spotted flycatchers. Also possession for sale of 24-Feb-11 Wildlife and Countryside Act 1981 6(1)(a) 1 RSPCA King’s Lynn Easter NG G Fine £750 two garden warblers. Ordered to pay £10,000 costs Magistrates

24-Feb-11 Wildlife and Countryside Act 1981 1(2)(a) 1 CPS Wirral Magistrates Bowen G G Jail 22 weeks (concurrent)

24-Feb-11 Wildlife and Countryside Act 1981 1(1)(a) 2 CPS Wirral Magistrates Bowen G G Jail

25-Feb-11 Wildlife and Countryside Act 1981 1(1)(a) 1 CPS Liverpool Magistrates White G G Jail 10 weeks Defendant pleaded guilty to offence of killing a juvenile herring gull by kicking and stamping on it.

28-Feb-11 Wildlife and Countryside Act 1981 1(2)(a) 1 RSPCA Teesside Magistrates Bright G G CD 2 years CO Defendant pleaded guilty to finch trapping offences and illegal possession of two bullfinches and a brambling. Ordered to pay £3,657 costs. 18-Apr-11 Wildlife and Countryside Act 1981 1(2)(a) 7 RSPCA Harlow Magistrates Smithson S G G Fine £2,400 Defendant pleaded guilty to possession and sales offences relating to wild birds. Eleven species involved included crossbills, hawfinches and a serin. Ordered to pay £5,097.18 costs. 18-Apr-11 Wildlife and Countryside Act 1981 6(1)(a) 9 RSPCA Harlow Magistrates Smithson S G G Fine

18-Apr-11 Wildlife and Countryside Act 1981 6(1)(a) 1 RSPCA Harlow Magistrates Smithson S G G Fine

18-Apr-11 Wildlife and Countryside Act 1981 1(2)(a) 7 RSPCA Harlow Magistrates Smithson B G G Fine £2,400 Defendant pleaded guilty to possession and sales offences relating to wild birds. Eleven species involved included crossbills, hawfinches and a serin. Ordered to pay £4,000 costs. 18-Apr-11 Wildlife and Countryside Act 1981 6(1)(a) 9 RSPCA Harlow Magistrates Smithson B G G Fine

18-Apr-11 Wildlife and Countryside Act 1981 6(1)(a) 1 RSPCA Harlow Magistrates Smithson B G G Fine

52 53 Appendix VI – Wild bird related prosecutions in 2011

Date Act Section Charges Prosecutor Court Surname Plea Outcome Penalty type Penalty Penalty type 2 Penalty 2 Details

21-Apr-11 Wildlife and Countryside Act 1981 5(1)(b) 1 CPS Market Harborough Crane IP G G Fine £500 Defendant (part-time gamekeeper) pleaded guilty to using a pole-trap at a Magistrates pheasant release pen and offences relating to unapproved and unsafe storage of pesticides. Ordered to pay £80 costs.

21-Apr-11 Wildlife and Countryside Act 1981 18(2) 1 CPS Market Harborough Crane IP G G Fine £500 Magistrates 21-Apr-11 Food and Environment Protection Act 16(12)(a) 2 CPS Market Harborough Crane IP G G Fine £2,000 1985 Magistrates Defendant (part-time gamekeeper) pleaded guilty to possessing item 21-Apr-11 Wildlife and Countryside Act 1981 5(1)(b) 1 CPS Market Harborough Crane IM U D Fine (pole-trap) capable of being used to commit an offence. Ordered to pay Magistrates £80 costs. 21-Apr-11 Wildlife and Countryside Act 1981 18(2) 1 CPS Market Harborough Crane IM G G Fine £500 Magistrates

16-May-11 The Environmental Protection 3(c) 1 CPS Harrogate Quince G G Fine £100 Defendant pleaded guilty to two charges relating to shooting a swan (Restriction on Use of Lead Magistrates during a pheasant shoot. Ordered to pay £100 costs. Believed to be first Shot) (England) Regulations 1999 conviction under the lead shot regulations. Ordered to pay £100 costs. 16-May-11 Criminal Damage Act 1971 1(1)(a) 1 CPS Harrogate Quince G G Fine £445 Magistrates 26-May-11 Wildlife and Countryside Act 1981 15(a) 1 Fiscal Inverness Sheriff Barr G G Fine £3,300 Defendant (gamekeeper) pleaded guilty to possessing 10.5 kg of carbofuran.

26-May-11 Wildlife and Countryside Act 1981 1(2)(a) 1 Fiscal Inverness Sheriff Rolfe G G Fine £1,500 Defendant (gamekeeper) pleaded guilty to possessing a dead red kite found in the back of his Land Rover. 26-May-11 Wildlife and Countryside Act 1981 1(2)(b) 1 Fiscal Inverness Sheriff Grant NG NG Defendant (gamekeeper) pleaded not guilty to possessing a bucket of 56 black-headed gull eggs. Plea accepted following guilty plea by co- defendant.

09-Jun-11 Wildlife and Countryside Act 1981 1(1)(a) 1 RSPCA Derby Magistrates Boswell G G CD Defendant pleaded guilty to finch trapping. Ordered to pay £875 costs.

09-Jun-11 Wildlife and Countryside Act 1981 1(2)(a) 1 RSPCA Derby Magistrates Boswell G G CD 1 year consecutively

09-Jun-11 Wildlife and Countryside Act 1981 18(2) 1 RSPCA Derby Magistrates Boswell G G CD Defendant (gamekeeper) convicted of seven charges. Three related to the 13-Jun-11 Wildlife and Countryside Act 1981 5(1)(b) 1 CPS Chesterfield Brown NG G CO 100 hours’ illegal use of a cage trap using a live pigeon as bait and the taking of a Magistrates unpaid work sparrowhawk. The other four charges were animal welfare matters 13-Jun-11 Wildlife and Countryside Act 1981 1(1)(a) 1 CPS Chesterfield Brown NG G CO conc relating to the keeping of birds in the cage trap, involving a pigeon and Magistrates pheasant and a carrion crow. Defendant was banned from keeping 13-Jun-11 Wildlife and Countryside Act 1981 18(2) 1 CPS Chesterfield Brown NG G CO pigeons for five years and ordered to pay £10,000 costs. Subsequent Magistrates appeal in Januray 2012 failed and defendant ordered to pay a further £7,000 costs. 13-Jun-11 Animal Welfare Act 2006 4(1) & 1 CPS Chesterfield Brown NG G CO 32(1) Magistrates 13-Jun-11 Animal Welfare Act 2006 9(1) & 3 CPS Chesterfield Brown NG G CO 32(2) Magistrates

54 55 Appendix VI – Wild bird related prosecutions in 2011

Date Act Section Charges Prosecutor Court Surname Plea Outcome Penalty type Penalty Penalty type 2 Penalty 2 Details

08-Jul-11 Wildlife and Countryside Act 1981 1(2)(a) 1 CPS Scarborough Farrow G G Fine £200 Defendant pleaded guilty to possession of a goldfinch and also to Magistrates using a trap to catch wild birds. Ordered to pay costs of £100.

08-Jul-11 Wildlife and Countryside Act 1981 5(1)(b) 1 CPS Scarborough Farrow G G Fine £200 Magistrates 15-Jul-11 Wildlife and Countryside Act 1981 1(1)(a) 1 CPS Norwich Magistrates Parker NG NCA Defendant (gamekeeper) pleaded guilty to single charge of possessing ammunition in excess of quantity authorised. Other 15-Jul-11 Wildlife and Countryside Act 1981 18(2)(a) 1 CPS Norwich Magistrates Parker NG NCA charges discontinued or no case to answer.

15-Jul-11 Wildlife and Countryside Act 1981 18(2)(a ) 1 CPS Norwich Magistrates Parker NG D

15-Jul-11 Firearms Act 1968 1(1)(b) 1 CPS Norwich Magistrates Parker G G CD 12 months

15-Jul-11 Firearms Act 1968 2(1) 1 CPS Norwich Magistrates Parker NG NCA

25-Jul-11 Wildlife and Countryside Act 1981 1(2)(a) 1 RSPCA Derby Magistrates Devine G G CD 6 months Defendant guilty of illegally possessing of goldfinch. Ordered to pay £500 costs. 10-Aug-11 Wildlife and Countryside Act 1981 1(1)(a) 1 RSPCA Leamington Spa Pike G G Fine £205 Defendant (pigeon fancier) pleaded guilty to three charges relating to the shooting of a sparrowhawk with an air rifle. Ordered to pay 10-Aug-11 Wildlife and Countryside Act 1981 18(1) 1 RSPCA Leamington Spa Pike G G Fine £205 £986 costs.

10-Aug-11 Wildlife and Countryside Act 1981 5(1)(c) 1 RSPCA Leamington Spa Pike G G Fine £205

11-Aug-11 Wildlife and Countryside Act 1981 1(1)(c) 1 Fiscal Kirkcaldy Sheriff Peggy J G G Fine £350 Defendants found guilty of taking 49 eider and four lesser black- backed gull eggs. 11-Aug-11 Wildlife and Countryside Act 1981 1(1)(c) 1 Fiscal Kirkcaldy Sheriff Peggy G G G Fine £250

11-Aug-11 Wildlife and Countryside Act 1981 1(1)(c) 1 Fiscal Kirkcaldy Sheriff Adamson G G Fine £250

12-Aug-11 Wildlife and Countryside Act 1981 1(2)(a) 1 RSPCA Stafford Magistrates Bath G G CD 1 year (concurrent) Defendant pleaded guilty to finch trapping offences including capturing and possessing equipment for trapping. Ordered to pay 12-Aug-11 Wildlife and Countryside Act 1981 5(1)(b) 1 RSPCA Stafford Magistrates Bath G G CD 1 year (concurrent) £610 costs.

12-Aug-11 Wildlife and Countryside Act 1981 18(1) 1 RSPCA Stafford Magistrates Bath G G CD 1 year (concurrent)

16-Sep-11 Wildlife and Countryside Act 1981 1(2)(a) 1 RSPCA Northampton Krasquni G G Fine £230 Defendant convicted re possession of a goldfinch and a related Magistrates matter. Ordered to pay £500 costs. 16-Sep-11 Wildlife and Countryside Act 1981 1(2)(a) 1 RSPCA Northampton Krasquni G G Fine £230 Magistrates

29-Sep-11 Wildlife and Countryside Act 1981 1(2)(B) 2 CPS Burton upon Trent Edgley G G* CD 18 months Defendant pleaded guilty to possession of 48 birds’ eggs. Ordered Magistrates (concurrent) to pay £1,200 costs.

29-Sep-11 Wildlife and Countryside Act 1981 18(2) 1 CPS Burton upon Trent Edgley NG D *Later overturned on appeal Magistrates

56 57 Appendix VI – Wild bird related prosecutions in 2011

Date Act Section Charges Prosecutor Court Surname Plea Outcome Penalty type Penalty Penalty type 2 Penalty 2 Details

06-Oct-11 Wildlife and Countryside Act 1981 18 (2) 1 RSPCA Manchester Magistrates Smith U D Defendant pleaded guilty to single charge of finch trapping. Ordered to pay £1,551 costs. 06-Oct-11 Wildlife and Countryside Act 1981 1(2) (a) 1 RSPCA Manchester Magistrates Smith G G CO Unpaid work 150 hours

10-Oct-11 Wildlife and Countryside Act 1981 1(1)(a) 1 RSPCA Ipswich Magistrates Doughty G G CD 2 years Defendant convicted in relation to a gull (species unknown). Ordered to pay £200 costs.

10-Oct-11 Wildlife and Countryside Act 1981 1(1)(a) 1 RSPCA Ipswich Magistrates Smith G G CD 1 year Defendant convicted in relation to a gull (species unknown). Ordered to pay £100 costs.

13-Oct-11 Wildlife and Countryside Act 1981 7(1) 2 CPS Rhondda Magistrates Howells G G Fine £100 Defendant (falconer) pleaded guilty to possession of a non-registered goshawk and fabricating false information for a goshawk registration application. Ordered to pay £85. 13-Oct-11 Wildlife and Countryside Act 1981 17(a) 1 CPS Rhondda Magistrates Howells G G Fine £100

19-Oct-11 Wildlife and Countryside Act 1981 1(1)(a) 1 RSPCA Sunderland Magistrates Miller G G Jail 26 weeks CO 100 hours’ Defendant convicted in relation to a woodpigeon. suspended unpaid work

28-Oct-11 Wildlife and Countryside Act 1981 1(2)(a) 1 Fiscal Aberdeen Sheriff Barrie G G Fine £520 Defendant pleaded guilty to possession of a pigeon which was present inside a set cage trap. 28-Oct-11 Wildlife and Countryside Act 1981 5(1)(b) 1 Fiscal Aberdeen Sheriff Barrie U D 02-Nov-11 Wildlife and Countryside Act 1981 1(2)a 1 RSPCA Bristol Magistrates Grievelle G G Fine £400 Defendant pleaded guilty to two welfare offences and possession of 23 birds including house sparrows, greenfinches, goldfinches and a 02-Nov-11 Animal Welfare Act 2006 4(1) & 2 RSPCA Bristol Magistrates Grievelle G G Fine £800 blackcap. Banned from keeping birds for five years. Ordered to pay 31(1) £500 costs.

24-Nov-11 Wildlife and Countryside Act 1981 1(5)(a) 1 Fiscal Oban Sheriff Panayotov NG G Fine £500 Defendant found guilty of reckless disturbance while photographing white-tailed eagle with young in nest. 24-Nov-11 Wildlife and Countryside Act 1981 1(5)(a) 1 Fiscal Oban Sheriff Takev NG G Fine £600 Defendant found guilty of reckless disturbance while photographing white-tailed eagle with young in nest.

25-Nov-11 Control of trade in Endangered 8(1) 3 CPS Skipton Magistrates Hurst G G Fine £700 Defendant (falconer) pleaded guilty to the prohibited sale of a Species (enforcement) Reg 1997 goshawk and a saker falcon plus the unlawful purchase of a goshawk. 06-Dec-11 Wildlife and Countryside Act 1981 1(2)(a) 3 RSPCA Highgate Magistrates Yildiz-Coban G G 3 months CU Defendant pleaded guilty to three charges of possessing goldfinches (concurrent) and a single charge relating to a using a finch trap. 06-Dec-11 Wildlife and Countryside Act 1981 5(1)(b) 1 RSPCA Highgate Magistrates Yildiz-Coban G G CO 3 months CU (concurrent)

06-Dec-11 Food and Environmental 16(12)(a) 7 CPS Preston Crown Court Armistead G G Fine £7,000 Defendant (part-time gamekeeper) pleaded guilty to seven charges protection Act 1985 relating to the possession of a large quantity of banned pesticides (active ingredients sodium cyanide, aluminium phosphide, strychnine 06-Dec-11 Food and Environmental 16(12)(a) 3 CPS Preston Crown Court Armistead NG D hydrochloride and mevinphos). Three firearms charges relating to protection Act 1985 holding three shotguns and Section 1 ammunition without certificates. Ordered to pay £2,315 costs.

58 59 Appendix VI – Wild bird related prosecutions in 2011

Date Act Section Charges Prosecutor Court Surname Plea Outcome Penalty type Penalty Penalty type 2 Penalty 2 Details 06-Dec-11 Firearms Act 1968 2(1) 2 CPS Preston Crown Court Armistead G G CO 140 hours’ unpaid (see above) work (concurrent)

06-Dec-11 Firearms Act 1968 1(1)(a) 1 CPS Preston Crown Court Armistead G C CO 140 hours’ unpaid work (concurrent)

13-Dec-11 Wildlife and Countryside Act 1981 1(2)(b) 5 CPS Thames Magistrates Gonshaw G G Jail 4 months (concurrent) Defendant pleaded guilty to 10 charges. These related to the possession of 697 eggs (including 45 Schedule 1 eggs), the 13-Dec-11 Wildlife and Countryside Act 1981 1(1)(c) 3 CPS Thames Magistrates Gonshaw G G Jail 4 months (concurrent) taking of 8 Schedule 1 clutches (two golden eagle, three osprey, three avocet) and possession of items capable of being used to take and possess birds’ eggs. This was the 13-Dec-11 Wildlife and Countryside Act 1981 18(2) 2 CPS Thames Magistrates Gonshaw G G Jail 2 months defendant’s fourth custodial sentence for such offences. (consecutive)

22-Dec-11 Wildlife and Countryside Act 1981 1(2)(b) 1 CPS Carlisle Magistrates Hawman G G CU 5 weeks Defendant pleaded guilty to collection of six eggs with a five-week curfew imposed between 8 am and 6 pm. Eggs forfeited and destroyed.

Key to Appendix VI

CD Conditional Discharge NG Not Guilty CO Community Order NP Not Proven CU Curfew Order NSP No Separate Penalty D Discontinued TIC Taken Into Consideration G Guilty U Unknown NCA No Case to Answer

60 61 The RSPB speaks out for birds and wildlife, tackling the problems that threaten our environment. Nature is amazing – help us keep it that way.

Cover image: hen harrier by Michel Geven (Alamy)

The RSPB is part of BirdLife International, the global partnership of bird conservation organisations.

The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Wales no. 207076, Scotland no. SC037654. 232-0703-11-12