a million LEGAL EAGLE voices for THE RSPB’S INVESTIGATIONS NEWSLETTER nature JUNE 2008 No 55

Head gamekeeper James Shuttlewood (front) with PC Raspbeary at one of the cage traps holding a live pigeon on the Snilesworth Estate (there was no conviction regarding this trap).

Award-winning gamekeeper convicted of illegal trapping

James Shuttlewood, head gamekeeper of the Snilesworth fined £100. David Cook, 18, a trainee underkeeper, pleaded Estate, and two of his staff have been convicted in guilty to using two traps and received a 12-month conditional connection with an illegal trapping campaign, involving discharge. All were ordered to pay £43 towards prosecution cage traps baited with live pigeons in North Yorkshire. costs. It was clear that the court took a particularly serious view of Mr Shuttlewood’s involvement, outlining that his On 8 February 2008, three gamekeepers from the Snilesworth staff were carrying out his instructions and that his Estate pleaded guilty at Scarborough Magistrates’ Court to reputation had been tarnished. eight offences under the Wildlife and Countryside Act 1981. The head gamekeeper, James Shuttlewood, 40, an The Snilesworth Shoot, managed for the shooting of experienced gamekeeper of over 20 years, pleaded guilty to grouse, pheasants and partridges, operates on the Estate. permitting the use of five illegal traps by his staff, and was American businessman Bob Cieslukowski holds the lease fined £1,250. In 2005, Shuttlewood won a Purdey Game and of the moor, and its management is contracted to Mr Mark Conservation award. Osborne of Banbury.

Charles Woof, 22, a gamekeeper covering the Scugdale Over an eight-day period in May 2007, a local farmer found Valley, pleaded guilty to using one of the traps, and was three portable cage traps all containing live pigeons in 3

IN THIS ISSUE: Council fined for dormouse habitat destruction O Wheal meet again? O Bluebells stir public emotion O National Wildlife Crime Unit (NWCU) funding secured O White-tailed eagles poisoned in Ireland 4 secluded woodland areas in the On 29 May 2007, David Cook was the efforts of WCOs PC Jeremy Scugdale Valley on the north side of filmed visiting two of the cage traps Walmsley and PC Mark Raspbeary, Dawn the Snilesworth Estate, on the North and providing grain and water for the Birkett of the CPS and the local farmer York Moors. Cage traps can be used captive pigeons. This evidence was who originally reported the matter. legally to control certain crows passed to the North Yorkshire Police, (typically magpies and carrion crows), and, assisted by the RSPB and RSPCA, but the use of live pigeons as bait is they visited the Snilesworth Estate on Gamekeeper David illegal, and such traps were clearly 31 May 2007. They spoke with some Cook caught on intended for the illegal trapping of of the gamekeepers and visited the camera feeding the birds of prey. This matter was reported cage traps to find that two of the six pigeon in an illegal to the police. live pigeons were still present, though cage trap on the it was suspected others may have Snilesworth Estate. On 26 May 2007, RSPB investigators been released prior to the police located a further four cage traps in arrival. This was confirmed in one case other locations on the Snilesworth by a covert camera left monitoring one Estate, and three of these also cage trap that showed a young man contained live pigeons. A fourth releasing the pigeon just a few trap held the remains of a dead minutes before the police arrived. pigeon, apparently plucked. The body Gamekeepers from the Estate were of a dead sparrowhawk, a suspected later interviewed by the police and

trap victim, was found a short distance reported for a number of offences in J Leonard (RSPB) away, pushed down a hole. relation to the cage traps.

RSPB investigators carried out covert In connection with this enquiry, the surveillance on two of the cage traps. RSPB would particularly like to thank PROSECUTIONS Hunters fined in Liverpool

Merseyside WCO Steve Harris reports other equipment used for the illegal Rover, and that all the hunting on a recent hunting case: hunting of foxes and badgers, which equipment should be seized by police. was seized. During interview, each He was not able to make an order ‘On 4 February 2008, four hunters gave a different account of their regarding the dogs, despite a desire from Liverpool appeared at Liverpool activities. One admitted illegal hunting, to do so, as they had not been seized City Magistrates’ Court, facing charges and because of his good character, and could not be located and identified under Section 1 of the Hunting Act was given a police caution. The others so long after the event.’ 2004 relating to the illegal hunting were charged with hunting offences. of foxes and badgers, with dogs, in Information about wildlife crime North Wales. Peter Blackhall, 25, of A file was submitted to the Crown in Merseyside can be found on the Lapford Crescent, Liverpool, Thomas Prosecution Service (CPS). The CPS police website at: Bell, 23, of Exeter Close, Liverpool, prosecutor, like the arresting officers, www.merseyside.police.uk/html/ Adam Pengilley, 21, of Adlam Road, was unaware of the evidential crimeprevention/wildlife/index.htm Liverpool, and a 17-year-old youth significance of some of the seized

pleaded guilty to the offences. The items and contemplated discontinuing Danny Green (rspb-images.com) adults were each fined £250, the the case. I was asked if I could provide youth was given a conditional a statement explaining the significance discharge for 12 months, and all of all the equipment. From my ordered to pay £80 costs. experience with other cases, I was able to describe how the equipment could The offences came to light in August be used in conjunction with sending 2007, when five hunters returning from dogs underground. North Wales in their Land Rover were arrested on suspicion of illegal hunting During sentencing, District Judge Mr after being stopped in Liverpool. They Abelson commented that the evidence were wearing camouflage clothing and against the men was overwhelming were in possession of dogs, spades, and that they were serious offences. electronic tracking devices, nets and He ordered the forfeiture of the Land Council fined for dormouse habitat destruction

South Wales Police WCO Ian Guildford reports on what After consultation with the CPS I decided to summons two is believed to be the first ever UK conviction involving employees of the council and the council, as a corporate wild dormice: body, for offences of disturbance and destruction under both the WCA and the Habitat Regulations. As far as I can ‘Bridgend County Borough Council were fined £1,000 plus determine, this is the first ever conviction within the UK £100 costs on 20 December 2007 at Bridgend Magistrates’ relating to offences involving dormice.’ Court after pleading guilty to an offence of reckless disturbance of a Schedule 5 species under Sections 9(4)(b) Bridgend Council and 69 of the Wildlife and Countryside Act 1981 (WCA). All other summonses against the council and the two employees were discontinued following plea bargaining.

This case relates to work that was carried out on the site of an old Second World War prisoner of war camp in Bridgend, South Wales. Various planning applications to develop the site resulted in a history of environmental surveys being carried out that identified the presence of dormice, as well as lesser horseshoe bats in the last remaining prisoner of war hut.

At the beginning of 2007, the local authority discussed a proposal to control the scrub encroachment. Despite the results of the surveys, a tractor driver was duly dispatched to begin cutting back the encroaching growth. Once local residents became aware this work was being undertaken, it was stopped, but only after five days of cutting in areas The old prisoner of war camp in Bridgend, where known to contain dormice. the dormouse habitat destruction occurred.

Pesticide fines for gamekeeper and employer

Gordon Smart, the head gamekeeper for over 30 years on a search took place on 29 June 2006 on the Manningford the Manningford Bruce Estate, near Pewsey in Wiltshire, Bruce Estate and outbuildings at the home address of and his Portuguese employer Mr Nuno de Brito e Cunha Smart. No evidence relating to the poisoning incidents was (Visconde de Pereira Machado) have been convicted of found. However, a tube of the fumigant Phostoxin, which pesticide-related offences under the Food and Environment gives off the very toxic phosphene gas, was found unsafely Protection Act 1985 (FEPA). stored in Smart’s Land Rover and he admitted he had stored the product the previous evening in his home. There On 18 December 2007 at Kennet Magistrates’ Court, Smart are strict conditions for the use of this product and no pleaded guilty to five offences relating to the illegal storage suitable store was found on the Estate. and use of rodenticides and the fumigant Phostoxin. He was fined £1,000 and £100 costs. His employer, Viscount In a large open-fronted barn on the Estate, the search team Machado, pleaded guilty to two charges of permitting the found insecurely stored rodenticides and exposed bait. These unlawful use of rodenticides and failing to provide the rodenticide baits should be prepared to exclude possible necessary instruction, training and guidance. He was fined access by children and non-target animals. A syringe £3,500 and £400 costs. belonging to Smart was also discovered, and was found to contain traces of three agricultural pesticides – endrin, During the spring of 2006, three dead buzzards and a mevinphos and triazophos – when analysed. These products magpie were found on land bordering the Manningford have been unapproved for many years and syringes have Bruce Estate. These were submitted for analysis and been used on many occasions to prepare poisoned baits. alphachloralose abuse was confirmed. There is a long history of wildlife poisoning in this area – since 1981 there Smart and his employer were both interviewed about these have been a shocking 10 confirmed poisoning incidents matters. A Control of Substances Hazardous to Health within four miles of Pewsey village, including birds of assessment produced by the Estate was 15 years old and prey and badgers. These have involved the abuse of the HSE confirmed it was unfit for purpose. Smart was charged pesticides alphachloralose, mevinphos and triazophos. with possession of a ‘poisoner’s kit’ in relation to the syringe, but this matter was discontinued following pleas to other Following intelligence gathered by WCO Sgt Mark Barrett matters. The RSPB would like to thank Sergeant Barrett, CPS, and the RSPB, and with the support of Natural , Natural England and HSE for their assistance with this case. Wemmergill Moor is acknowledged as one of the UK’s top grouse moors and last year a record bag of over 16,000 was shot there. Tom Marshall (rspb-images.com) Tom Top grouse moor handed £0.5 million fine for SSSI damage

Wemmergill Moor Limited, a company Natural England these nationally and internationally based in Hawes, North Yorkshire, was important wildlife sites are conserved. fined £50,000 by Durham Crown Over the last 18 months, Natural Court on 28 January 2008 for causing England has been working with damage to part of Lune Forest Site Wemmergill Moor Limited to agree of Special Scientific Interest (SSSI) a management plan that will ensure in , which it owns. that over 5,500 hectares of Lune The company was also ordered to Forest SSSI is managed to sustain pay Natural England’s full costs of and enhance its interest for wildlife.’ £237,548 in bringing the prosecution. Together with the costs of restoration SSSIs are notified and afforded and other measures, the total cost protection under the Wildlife and to the defendant exceeds £500,000. The One of the tracks that cost Countryside Act 1981. Among other company is owned by Michael Cannon, Wemmergill Moor Ltd £500,000. legal obligations, the legislation a millionaire who made his fortune places requirements on owners and from the pub trade and is ranked occupiers of land within SSSIs. Section 238th on the Sunday Times Rich List. former condition. The defendants 31 of the 1981 Act enables a Court to also gave an undertaking to carry make a Restoration Order specifying Wemmergill Moor Ltd pleaded guilty out, at their own cost, additional operations for the purpose of restoring to three offences relating to construction works to reduce the overall impact the SSSI to its former condition prior without obtaining the necessary of works associated with another to the damage occurring. permission of a new track almost 1 km track within the SSSI and to block in length, a car park and associated an area of man-made drains 40 km Natural England estimates that there drainage, as well as damage to another in length to help improve the is more carbon stored in the UK’s route. The works resulted in damage condition of the . peat than in all the forests of the to over 4,433 square metres of UK and France combined. All of internationally important peatland Martyn Howat, Natural England the peatlands in England and Wales habitat, which is also home to birds Regional Director, said, ‘SSSI owners would absorb around 41,000 tonnes such as merlins and golden plovers. have a legal responsibility to seek of carbon a year if in a pristine permission from Natural England condition, but could emit up to The Court imposed a Restoration about proposals that may damage 381,000 tonnes of carbon a year Order requiring Wemmergill Moor SSSIs. Natural England will continue if they are damaged by practices Ltd to remove the track and car park to work in partnership with SSSI such as excessive burning, drainage to restore that part of the SSSI to its owners and occupiers to ensure that and over-grazing. Police poison swoop

In 2006, the RSPB received information that a male in the to gamekeepers in Scotland. Enquiries in Eire by the Pesticide Midlands was supplying pesticides, acquired from Ireland, Control Service resulted in a warning for the company. to a number of gamekeepers in the north of England for use in illegal predator control. A number of estates were A man from Shropshire was later interviewed. Though there mentioned as being involved. Over the years, information was no evidence of pesticide supply to other parties, he was from several sources has claimed that pesticides sourced unable to account for why he would need to hold these in Ireland have been used for illegal wildlife poisoning on highly toxic professional control products. It was therefore UK sporting estates. In the spring of 2007, following calls disappointing that this matter was considered suitable for from members of the public, the RSPB located a dead caution. Based on previous cases, the nature of the products buzzard, a dead gull and a number of rabbit carcasses and conditions of storage, the RSPB felt this course of action on two of the estates mentioned. Analysis confirmed the was not appropriate. Two men in North Yorkshire have been presence of the pesticide alphachloralose, which has a charged with a number of pesticide-related charges and the long history in wildlife poisoning. matter has been listed for trial.

In May 2007, a joint operation involving North Yorkshire The National Gamekeepers’ Organisation (NGO) later and West Mercia Police forces, supported by Natural published an article accusing the police and others of England, the Defra Investigation Service (DIS) and the persecuting gamekeepers. This failed to mention the RSPB, executed warrants at a number of addresses. presence of the poisoned birds and the NGO refused to print a response from the RSPB outlining the full facts A number of unapproved and improperly stored pesticides of the investigation. were discovered at an address in Shropshire. A container of strychnine was found in an insecure gun cabinet and a Though disappointed with the decision to caution one container of the fumigant Cymag in an outbuilding. Of individual, the RSPB are very grateful for the efforts of particular interest, were two kilos of pure alphachloralose both police forces, Natural England and DIS in working found in an outbuilding loft, in a box bearing postage details together to investigate this matter. The abuse of pesticides indicating they had been acquired from a pesticide firm in remains a serious problem, and hopefully one line of Eire. RSPB records showed this company had been at the supply of products for wildlife poisoning may now have centre of allegations in 1995 of illegally supplying this product been disrupted. J Leonard (RSPB)

A dead buzzard killed by a rabbit bait laced with the pesticide alphachloralose on a sporting estate in North Yorkshire. Pigeon fancier sings like a canary!

On 23 October 2007 at Sunderland Officers attended the area and pigeon community, and there have been Magistrates’ Court, David Colwill, a discovered a set cage trap in the rear demands to allow culling, particularly pigeon fancier from Horden Dene, of a large secluded garden, adjacent of peregrines and sparrowhawks, which Easington Colliery, County Durham, to pigeon lofts. There were three live may attack racing pigeons during races pleaded guilty to two offences under canaries in the decoy department. and around the lofts. the Wildlife and Countryside Act 1981 Such decoy birds can never be used of setting a cage trap to take wild in cage traps legally, and the RSPB had Government-commissioned research birds, and one offence of failing to no doubt the trap was intended for has found that attacks by sparrowhawks provide a duty of care under the sparrowhawks, which are sometimes at UK lofts accounted for an annual Animal Welfare Act 2006. He was unpopular around pigeon lofts. collective loss of 2.7 birds per loft, fined £600 and £60 costs. equivalent to 3.7% of the racing pigeon On 10 September, RSPB officers population, though with some lofts On 6 September, following information successfully filmed Colwill taking the suffering higher losses. It is important from a member of the public, RSPB cage trap from his pigeon lofts and to put this in context with other losses – setting it in his garden. This was 86% of pigeon losses are unrelated to

J Leonard (RSPB) reported to the Durham Police, and birds of prey. These include birds on 13 September, PC Hughes, assisted becoming lost, joining feral flocks or by the RSPB and RSPCA, undertook dying due to fatigue, collisions, poor a search of the land at the premises. weather or other factors. Colwill was present when the cage trap was discovered in a storage area The RSPCA had concerns over the of the pigeon lofts and he initially welfare of the canaries that were used claimed it was merely for holding his as live bait in the trap, and assisted in singing canaries. He was arrested and obtaining a statement from a vet in interviewed and admitted setting the relation to this. It is believed this is the cage trap, though he claimed it was first time the Animal Welfare Act has for catching magpies. been used in relation to decoy birds. Pigeon fancier David Colwill The RSPB would like to thank PC Paul caught on camera setting an The impact of raptors has been a topic Hughes, RSPCA Inspector Grahame illegal hawk trap. of regular debate amongst the racing Foggin and the CPS for their assistance.

Badger conviction

In October 2007, following a two day trial at Telford Magistrates’ Court, Mark Paddock, 37, of Coronation Drive, Donnington, Telford, was convicted of an offence contrary to Section 11(2)(c)(iii) of the Wildlife and Countryside Act 1981 using an artificial light for the purpose of killing or taking a badger (listed on Schedule 6 WCA). The District Judge imposed a 90-day suspended sentence, a 90-day curfew between 20.00 hrs and 05.30 hrs, 200 hours’ community service and £2,600 costs. Ian Briggs of the RSPCA SOU reports:

‘The case stemmed from a search warrant executed at David Kjaer (rspb-images.com) Mark Paddock’s property by West Mercia Police and RSPCA SOU in connection with a badger digging incident in January 2006. Badger digging paraphernalia (such as the dogs to kill the badger. DNA profiling by Wildlife DNA locators and books on badger digging), a mobile phone Services confirmed that one of the knives had traces of and two knives were seized, as well as two dogs, both badger blood still on it. exhibiting old injuries consistent with coming into contact with badgers. At trial, Paddock claimed he had killed the badger on humane grounds as his dogs had accidentally caught it Forensic examination of the phone by the police computer whilst he was out rabbiting. This was despite him denying crimes unit revealed video footage taken by that phone of any involvement with badgers at three previous interviews. Paddock’s two dogs attacking a badger at night whilst he illuminated the scene with a torch. Voice analysis of the The RSPCA would like to thank the West Mercia Police and phone confirmed that it was Paddock’s voice encouraging WDNAS for their assistance with this case.’ Sue Tranter (rspb-images.com)

Raven

Wheal meet again?

Prolific egg collector Gregory Peter Shorrock (RSPB) Guy Following sentencing, an application Wheal shows no signs of stopping was made for a CRASBO (Criminal despite his ninth conviction since Anti-Social Behaviour Order) to try 1987 for egg-collecting offences. On to restrict his movements during the 3 January 2008, Wheal was sentenced breeding season and prevent him at Coventry Magistrates’ Court to associating with other convicted egg six months’ imprisonment, having collectors. At an earlier hearing, while pleaded guilty to three offences leaving court, he remarked to the press under the Wildlife and Countryside that he would not be giving up egg Act 1981. Wheal had received a collecting. Wheal himself also said four-month sentence for similar that he was in favour of the CRASBO offences in January 2006. as he found the bird breeding season ‘very stressful’. Following intelligence gathered by Peregrine eggs held by Wheal. the RSPB and Warwickshire Police, After nearly two hours of deliberation, on 19 June 2007, assisted by West the court outlined that the Wildlife and Midlands Police and the NWCU, a had been killed using dogs on a trip Countryside Act was of outstanding number of search warrants were to France. This skin was confiscated social importance and he had blatantly executed as part of ‘Operation Carron’. and a male cautioned for possession disregarded this law. In view of the of the animal. At another address, a seriousness, custody was the only A number of birds’ eggs were seized number of eggs and other items were option. The court was also satisfied that at one address, some of which were seized. This matter is due for trial egg collecting constituted anti-social found in a hidden compartment under later in 2008. behaviour, but decided on this occasion the conservatory floor and were that a CRASBO was not appropriate. believed to have been recently taken At Wheal’s address, four peregrine in Iceland and Turkey. These eggs eggs and six raven eggs were seized, As it is believed that Wheal still holds were outside the provisions of the along with a selection of egg-collecting a substantial collection of birds’ eggs, Wildlife and Countryside Act 1981, equipment including containers, and based on past performance, it but were later destroyed by Defra climbing irons and books. Wheal seems likely he may come to the as they had been imported without was arrested, and during interview attention of the authorities in the future. appropriate health certificates. he alluded to the fact that he had a The RSPB would like to thank the collection that he was not about to efforts of the two police forces, Nigel At another address, a mounted wildcat give up, and that he would like to be Wilkins of the West Midlands CPS and was seized. It is suspected this animal able to have it on show. Andrew McWilliam of the NWCU. Bluebells stir public emotion

Former Wildlife Crime Officer Sergeant community, and emotions ran high. several years advertisements Pete Charleston of the North Wales Both the landowner and the containing offers to purchase wild Police reports: representative of the company were plants had appeared in a number of spoken to and they maintained that the publications read by the farming ‘In the past seven years, over 2,000 bluebell bulbs were being removed in community. Interestingly, the wildlife incidents were bought to my exchange for bracken clearance on site. advertisements invited readers to make attention. Undoubtedly, one incident money without doing anything, but in September 2006 resulted in far British bluebells are protected under only contained offers to purchase and more calls than any other. Not the the Wildlife and Countryside Act 1981 made no mention of sale. (Remember theft of rare birds’ eggs or illegal (WCA), but only in respect of sale. it is only the sale of protected plants badger hunting, but the harvesting The initial explanation suggested that that amounts to an offence.) Such an of bluebells from a hillside in no offences were being committed. advert was the catalyst for the activity Llanaelhaearn on the Llyn Peninsula. However, ‘sale’ is further defined in in Llanaelhaearn. the WCA and includes barter or A gang of labourers, employed by a exchange. It seemed clear there had When interviewed, Mr Darren Brian company in Norfolk, spent six weeks been the provision of labour in Woods could not say for certain how harvesting wild bluebell bulbs with the exchange for bluebell bulbs. many bulbs had been removed from the consent of the landowner, Mr Richard site, but there was an acceptance that it Japheth. The display of these flowers Both parties were formally interviewed, may well have been 200,000. He also each spring is cherished by the local and it became apparent that over suggested that the bulbs had not been removed in order to sell to the public,

Mark Thomas (RSPB) but were to be propagated in Norfolk – the seeds collected and planted with only the subsequent bulbs being sold.

In September 2007, the case came to trial at Pwllheli Magistrates’ Court where the landowner Japheth was fined £2,000 and Woods was fined £5,000. To my knowledge, this is the first WCA bluebell conviction, with previous cases involving theft. I am very grateful for the assistance and expertise received during this case, including Dr Trevor Dines of Plantlife, the biodiversity team at Gwynedd County Council and the It is illegal to sell native bluebells. Crown Prosecution Service.’

Catch the pigeon killer

On 30 January 2008, at St Helen’s Magistrates’ Court, Robert of five feral pigeons. Sharp was arrested and admitted Arthur Sharp of Billington Avenue, Newton-le-Willows, using the air rifles to shoot woodpigeons and rabbits for Merseyside, pleaded guilty to killing five feral pigeons food. Later, during interview, he claimed he only killed feral and the possession of an air rifle in a public place. He pigeons, which he regarded as ‘flying rats’, no better than was sentenced to 160 hours’ community service and £150 vermin, and he was doing a public service by removing costs. Merseyside Wildlife Crime Officer, Steve Harris, unwanted pests. This appeared to be in breach of the takes up the story: General Licences, and he was charged with two offences.

‘In July 2007, a worried resident of Newton-le-Willows Importantly, following his guilty plea, the court forfeited reported that she regularly encountered a man on local both air rifles, using powers under Section 52 of the public footpaths who was shooting at wild birds, including Firearms Act 1968; this allows forfeiture not only of a pair of buzzards, with an air rifle. Though too nervous to weapons used in the commission of an offence, but also provide a statement, she was able to point out his address. any firearm in his possession.

Following further enquiries, I executed a search warrant on The case highlights the principle of all wild birds being 26 July under the Wildlife and Countryside Act at Sharp’s protected and the value of enforcement action, which took home. This recovered two expensive air rifles, and a metal two air rifles out of circulation that he was undoubtedly box in the garden that contained the decomposed bodies using to kill other wild birds.’ NEWS

Bird registration slashed

Biodiversity Minister Joan Ruddock The RSPB believes that Defra intends RSPB Investigations Officer Duncan has announced that the UK Bird to remove all species from Schedule McNiven said, ‘The RSPB is dismayed Registration Scheme will not be 4, with the exception of seven native at Defra’s decision to ignore the scrapped altogether, but the number birds of prey species. JNCC had advice of its own scientific advisors, of species protected by it will be originally produced a revised Schedule the conservation community and the slashed. The scheme requires owners 4 list using criteria agreed by all the police on this issue. It is disappointing of captive birds listed on Schedule 4 stakeholders for the 2006 public that they saw fit to give a completely of the Wildlife and Countryside Act to consultation. The revised list new, apparently arbitrary, set of be registered with Defra. comprised 46 species of native criteria to JNCC in an attempt to and non-native birds. JNCC advised reduce the list of Schedule 4 birds The announcement came after an that the conservation status of these without any further consultation. adjournment debate in Parliament on species would benefit from the This gives the impression that the the future of the scheme on 23 January. deterrent effect of registration, and consultation process was a sham The debate was secured by Martin the new list was widely supported and it was their intention to achieve Salter, Labour MP for Reading West, by consultees. this outcome from the start.’ who made an impassioned plea for the Minister to accept the conclusions However, even before the results Defra’s proposed list excludes the of the conservation community and of the consultation were published, 11 non-EU species originally the police to retain the list of over 40 Animal Health asked JNCC to reassess proposed by JNCC, such as Lear’s species recommended for Schedule 4 the species for inclusion using a set macaw and Bali starling. JNCC had listing by JNCC. of new criteria which they supplied. argued that registration would assist JNCC produced a list of 16 native UK in the conservation effort for these In response, the Minister agreed that species that matched these criteria, critically endangered species. Defra she saw merit in retaining the scheme but made it clear that they did not excluded them on the grounds that in a much-reduced format. However, recommend this as a way forward. that the current EU bird import ban she somewhat perversely argued Even this list of 16 appears to have makes their inclusion unnecessary, that it had not been possible for been too much for Defra, resulting and that smugglers would not be Defra to ascertain how it was in it being stripped down to seven inclined to register these birds functioning as a deterrent, nor had raptors. The species are golden eagle, anyway. However, as the RSPB has they seen proof that de-listing would goshawk, osprey, honey buzzard, pointed out, all 11 species could not pose a threat to the conservation white-tailed eagle, and marsh and be imported legally under CITES status of the birds concerned. Montagu’s harrier. rules before the import ban anyway. In addition, eight of the 11 are already kept in substantial numbers in this country, which provides an Peregrine ideal opportunity for laundering illegal birds. Without registration, it is unlikely that such birds will now be traced.

Of the UK-native birds that have been omitted, the peregrine is the species of most concern to the RSPB. Traditionally, most criminality involving Schedule 4 birds has centred on this species due to the demand for it as a falconry bird. The crime rate was only reduced in the mid-1990s following a series of high profile court convictions in which registration records proved vital in tracing birds stolen from the wild

Ray Kennedy (rspb-images.com) for DNA analysis. Although the peregrine population is currently at an all time high of over 1,300 pairs nationally, this figure masks some worrying regional declines. At the time of writing, the RSPB is lobbying the Minister to reinstate this species on Schedule 4. Forensic Analysis Fund launched to tackle wildlife crime

A new Forensic Analysis Fund has analysis. However, the FWG were on funding should be made within been launched to subsidise the forensic increasingly aware that finances were three days of application. For further costs for wildlife crime investigations. not always available to undertake background on the fund, please The fund has been established by the forensic testing for wildlife offences contact the FWG co-ordinator at PAW Forensic Working Group (FWG) even when this could have been [email protected] or to support police and customs significant in securing a prosecution. call 07917 533253. investigations of domestic and international wildlife crime. Finances for the new Forensic Analysis TRACE is an international NGO that Fund were kindly donated from three promotes the use of forensic science For over 10 years, the FWG has PAW partners, TRACE – Wildlife in biodiversity conservation and the provided advice on the use of Forensics Network, WWF and the RSPB, investigation of wildlife crime. The forensics in wildlife crime who each donated £2,500. The National TRACE network brings together investigation. Recently the group has Wildlife Crime Unit fund will administer forensic scientists and enforcement been increasingly active, producing the fund on a case-by-case basis. agencies. The TRACE network website useful information such as the ‘Guide – www.tracenetwork.org – provides to the use of forensic and specialist In appropriate cases, the fund will information on wildlife forensic techniques in the investigation of provide match funding up to 50% techniques, links to wildlife forensic wildlife crime’ (for a pdf version, visit of the cost of forensic testing, where laboratories and further information www.defra.gov.uk/paw/publications/ it is believed the analysis will have a on the work of the FWG. Forensic pdf/wildlifecrime-forensics.pdf) and significant impact. In certain practitioners and wildlife protection participating in police and HMRC circumstances, the fund may authorities are encouraged to register wildlife crime training courses. The contribute a greater proportion of on the TRACE website. Membership group has produced a forensic costs. Officers can apply for financial is regulated by TRACE and there is a sampling kit for the preservation support both prior to, or after, the question and answer forum for any and collection of evidence for DNA collection of evidence and a decision member to seek or provide advice. WoodyStock (Alamy) Rare wild plants stolen in Kent

Virtually the entire population of a ‘It is particularly distressing because rare wild flower has been wiped out meadow clary plants have been from a nature reserve in Kent. The recorded at this site for more than 12 meadow clary plants were dug 200 years, with the first ever UK up in January from Ranscombe Farm botanical record for meadow clary reserve in Kent, managed by the being on this same field edge in 1792. charity Plantlife. Plantlife had been successful in doubling the number of plants over The theft is being investigated by the last two years through active Kent Police, as meadow clary plants management of the site, but it may are specially protected under a 1992 now be difficult for the population amendment to Schedule 8 of the to survive the loss of so many plants Wildlife and Countryside Act 1981. It in one go.’ is an offence to pick, uproot or damage any plants listed on Schedule 8. The meadow clary has striking blue flowers, and can grow up to 80 cm The Chief Executive of Plantlife, tall on chalk or limestone soils in open Victoria Chester, said, ‘The loss of so or rough grassland. It survives as a many meadow clary plants from the native population at only 21 locations small population at the reserve is in the UK in Oxfordshire, the North devastating for the conservation of and South Downs, the Chilterns and the species here.’ at one site in Wales. Meadow clary Ian West (RSPB)

WCO Pete Charleston (left) receiving a PAW Certificate of Merit from Chief Constable Brunstrom at the Welsh Conference.

Welsh Police Wildlife and Environmental Crime Conference

The seventh Welsh Police Wildlife and Environmental Sustainability and Housing, outlined her support for the Crime Conference, organised by the Countryside Council efforts of CCW and Welsh Police Forces to tackle crimes for Wales (CCW) in partnership with Dyfed Powys Police, against precious habitats and species in Wales. took place on 21–22 January 2008 at the Metropole, Llandrindod Wells. Around 130 delegates attended, There was a variety of talks, including the first prosecution representing police forces across Wales and some for the destruction of a dormice site in the UK, a fishing English counties, government departments, companies enforcement review, the role of the Welsh Assembly and voluntary organisations with an interest in wildlife Government and an update from the National Wildlife law enforcement. Crime Unit. There was also a workshop to explore the effectiveness of partnership working. The conference was opened by Richard Brunstrom, Chief Constable of North Wales. This was followed by addresses Pete Charleston, in light of his impending retirement, was from Andy Evans, the Dyfed Powys Chief Constable, and commended for his contribution to tackling wildlife crime Roger Thomas, the Chief Executive for CCW. Jane in Wales, and was awarded the PAW Certificate of Merit by Davidson, the Welsh Assembly Minister for Environment Richard Brunstrom.

Updated Nature Conservation Law manual available

The second edition of ‘A Manual of Nature Conservation Law’, edited by Michael Fry, is now available.

This useful document contains legislation related to wildlife and its conservation in England and Wales. This is an extremely handy resource and reference tool as it is up-to-date and contains amendments to the legislation (with additional future updates available online). Visit www.wildlaw.co.uk to read reviews or order a copy. N Williams Nick moves on

After many years of commitment to wildlife crime issues, Nick Williams has moved on to new pastures, though still within Animal Health.

With a lifelong interest in natural history – particularly raptor conservation – Nick participated in field expeditions to over 50 countries and contributed to a wide range of published work. After dabbling in fashion photography, he was recruited to the then Department of the Environment in 1987 as the first full-time Wildlife Inspector, and later promoted to Chief Wildlife Inspector, a post that he held for 15 years.

Nick was heavily involved in the establishment of the Partnership for Action against Wildlife Crime (PAW) in 1995, and has always been one of the main driving forces in the PAW Secretariat. Nick’s support for PAW was always self-evident from his involvement in the annual Police and Customs Enforcement Officers’ Conferences.

In the early 1990s, following the early enforcement successes with DNA profiling, Nick masterminded the introduction of the use of DNA profiling by the Wildlife Inspectorate to check captive breeding claims. He was involved with the PAW Forensics Working Group from the outset, which he chaired for a number of years, and for which he helped to secure funding for a range of projects. Nick also helped introduce ground-breaking statutory DNA sampling powers in the Countryside and Rights of Way Act 2000.

The RSPB believes this work, in conjunction with other enforcement work, was instrumental in the success of DNA profiling to tackle the illegal laundering of birds of prey. It is somewhat ironic that as Nick moves on after many years of progress with DNA profiling, Defra is proposing to dramatically downgrade the bird registration scheme, and hence the ability to use such methods.

The RSPB would like to pay tribute to the enthusiasm and dedication of Nick over many years, and wish him all the Nick Williams, away from the office, best for the future. checking out a peregrine breeding site. G Shorrock (RSPB) Bat Conservation Trust scoop the PAW partner award

In 2006, Browne Jacobson Solicitors introduced the ‘PAW Partner of the Year’ award.

After winning the award last year, the RSPB willingly relinquished the title to another much deserving organisation – the Bat Conservation Trust (BCT). BCT officer Alison Rasey accepted the award, and later outlined the excellent work the organisation was doing BCT officer Alison Rasey accepts the award from to tackle bat crime, support Operation Bat and assist Tom Huggan of Browne Jacobson Solicitors. the statutory agencies. National Wildlife Crime Unit (NWCU) funding secured

Vernon Coaker MP, the Home Office Under Secretary of the future of the Unit, which was launched in Scotland in State for Crime Reduction, announced to the Partnership 2006. It also signals cross-government determination to for Action Against Wildlife Crime Steering Group meeting tackle wildlife crime in the UK through properly resourced held on 6 February 2008 that the Home Office would intelligence-led policing. provide £150,000 per annum for the next three years towards funding the NWCU. The Steering Group, through Confirming the funding, Minister for Biodiversity, Joan the Joint Chairs Hilary Thompson and Richard Brunstrom, Ruddock, said, ‘The Wildlife Crime Unit is an important part welcomed this announcement. of the UK’s armoury in the fight against this unacceptable and destructive crime. The Government is committed to Defra, who have supported the unit from the outset, have tackling wildlife crime, and this joint funding from Defra also agreed to commit £150,000 per year for the three-year and the Home Office will allow the unit to continue its period. This move is welcomed by the RSPB as it secures important work to reduce the significant harm it causes.’

Hen harrier Mark Hamblin (rspb-images.com)

PAW seminar news

The annual PAW open seminar was held on 27 February Review of wildlife crime enforcement in Scotland due to 2008 at Kew Gardens, London. The day was chaired by be published shortly. Chief Constable Richard Brunstrom and Hilary Thompson from Defra, and saw some excellent presentations on a The highlight was perhaps the candid presentation from range of diverse subjects. PC Nigel Lound, the recent winner of the PAW 2007 Wildlife Enforcer of the Year award. The UK wildlife crime priorities were outlined for 2008, which included hen harriers, bats, illegal trade in CITES His forthright views on wildlife crime enforcement posed specimens, freshwater pearl mussels and poaching. many questions. This included the lack of full time WCOs, the loss of important legislation like the Bird Registration Presentations from a number of speakers focused on Scheme and the fate of previous winners of this prestigious these areas. Paddy Tomkins, the HM Chief Inspector of award who are no longer in post. Constabulary for Scotland, outlined a recent Thematic Natural England issues England springs new general licences into action

Natural England has taken over responsibility from Under Section 8 of the Pests Act 1954, it is an offence to Defra for issuing Open General Licences under the use or knowingly permit the use of any spring trap other Wildlife and Countryside Act 1981. This change applies than a trap that has been approved by Order. to England only. The Spring Traps Approval Order 1995 approves 13 The content of the licences remains largely the types of spring trap for use in England and Wales. On same as before but they have all been renumbered. 1 October 2007 a further Order was issued, the Spring Visit www.naturalengland.org.uk/conservation/ Traps Approval (Variation) (England) Order No. 2708 of wildlife-management-licensing/genlicences.htm 2007, approving a further seven types of spring trap for for further information. use in England only.

Natural England conducted a full public consultation For a full copy of the Order go to: on general licensing in early 2008. www.opsi.gov.uk/si/si2007/uksi_20072708_en_1

Red kites to return to Northern Ireland

The ultimate chapter of the UK red kite reintroduction will begin in 2008 when the RSPB in Northern Ireland embarks on a three-year project to return red kites to the skies of County Down after an absence of more than 200 years. This is the first wildlife reintroduction to take place in Northern Ireland.

Today, Northern Ireland boasts the lowest reported wildlife crime rate in the UK, and illegal hunting is no longer considered a threat to the survival of red kites. However, incidents do still occur in the UK (see Legal Eagle 51) and within the Republic of Ireland. The Golden Eagle Trust started a reintroduction project in County Wicklow in 2007 and lost two birds to shooting and poisoning. However, the banning of some poisoned baits in the Republic has been a huge step forward.

The support of local landowners will be essential to the red kite reintroduction, and work undertaken to assess people’s attitudes have been met with unanimous support. Red kites take mainly rodents, insects, and young rabbits, with carrion a major part of their diet. Land users and community groups will be consulted individually and assured that the red kite poses no threat to livestock or game interests.

A range of media events is also being launched to support the project. Red kites and birds of prey in general will be incorporated into education projects in local schools. The children will be encouraged to name the released kites, inspiring a sense of ownership amongst the local community. Robert Straughan, the RSPB Project Officer, is confident that local people will warm immediately to the kites and will soon Red kite be able to enjoy a genuine spectacle of nature. Mike Lane (rspb-images.com) White-tailed eagles poisoned in Ireland

An attempt to reintroduce white-tailed eagles to Ireland has suffered a setback. Two of the birds that were released in Killarney National Park, County Kerry, in August 2007, have been found poisoned. Analysis confirmed that both birds had been poisoned with two different poisons – alphachloralose and Trodax (nitroxynil). A sheep found near one of the eagles was laced with alphachloralose. All native birds of prey, including released white-tailed eagles, are fully protected in the Republic of Ireland.

Fifteen white-tailed eagles imported from Norway were released in County Kerry in early August 2007, and they had adapted well. Local farmers, landowners and members of the public have been extremely supportive of the project since the birds were released, although the Irish Farmers’ Association expressed reservations about the project prior to the arrival of the birds. This is a major disappointment for the Golden Eagle Trust, which is managing the project in partnership with the National Parks and Wildlife Service.

Project Manager, Allan Mee, said, ‘White-tailed eagles were once driven to extinction in Ireland due to shooting and poisoning, and the success of this project in Kerry will ultimately depend on the continuing support and goodwill of all the local community. Even if a handful of individuals still use poison-meat baits, as has been a traditional practice and habit, that could ultimately cause the project to fail.’ Valerie O’Sullivan Surprisingly, whilst putting out poisoned meat baits is illegal in Ireland, other forms of poison bait can still be Allan Mee with the two legally used to control crows, ravens and foxes, such as poisoned white-tailed eagles. eggs, bread and butter, chips or grain.

Pete Charleston retires

After 30 years of service, Pete Charleston has retired from of nesting goshawks. The case led to the first ever exclusion the North Wales Police. For the past seven years, he has order being imposed, preventing the offender from entering been the Wildlife Crime Officer for the force and was the first nature reserves or National Parks for 12 months. Although police officer in the UK to be seconded to a statutory nature the case was tinged with sadness because the nest was conservation organisation. Pete supervised the force’s deserted, Pete believed the investigation demonstrated the investigation of over 2,000 wildlife crimes. true benefits of partnership working at a number of levels.

His interest in wildlife crime dates back to the early 1990s Mr Brunstrom, Chief Constable of North Wales, was often when, as a hard-pressed custody sergeant in Holyhead, he heard to comment that Pete had taken him too literally, was contacted by the RSPB about egg collectors trying to when he told Pete that he would not be judged on the take roseate tern eggs from a site in Anglesey. This eventually number of prosecutions he had undertaken. We suggest led to the conviction of two men from the West Midlands. that other convictions relating to birds, great crested newts, tortoises and bluebells, not to mention other cases One of the cases that bought most personal satisfaction relating to SSSIs, tell a rather different story. Whilst out of occurred in the summer of 2006, and resulted in the the frying pan, Pete is now working for Mr Brunstrom over conviction of an Operation Easter target for the disturbance the next 12 months on ACPO wildlife crime issues. INTERNATIONAL

Tension increases in Malta

Despite Malta’s recent accession to the three cars belonging to BirdLife Malta BirdLife Malta is not the first, as EU, wildlife crimes have continued. In volunteers. Two of the cars belonged to previous acts have seen the mindless 2006, the RSPB sent a 114,000-strong BirdLife Malta council members, while uprooting of trees at a BirdLife Malta petition to the Maltese government the third car belonged to an American nature reserve.’ from RSPB members condemning the citizen. All three had been carrying out illegal hunting of birds, which scientific ringing studies on birds. ‘We fully support the work of our continues to bring shame on Malta. partner that is working so valiantly The RSPB’s International Director, to improve the environment for Malta In February this year, new problems Alistair Gammell, said, ‘Unfortunately, and all of its inhabitants, 90% of whom arose when an arson attack destroyed this cowardly act of vandalism towards oppose illegal hunting.’ Guy Shorrock (RSPB) Illegal Bolivian parrot trade rife

A recent study has found a thriving trade, underscoring the potential extent trade in rare parrots at a pet market in of the illegal pet trade and the need for Bolivia. The study, which monitored the better Bolivian law enforcement.’ wild birds that passed through a pet market in Santa Cruz between August Bolivia appears to serve as a link for the 2004 and July 2005, recorded nearly wildlife trade between Brazil and Peru, 7,300 individuals of 31 parrot species, with inexpensive species sold for the of which four were globally threatened. internal market, but threatened and more valuable birds traded to middle- As a CITES member, Bolivia allows men with Peruvian trade connections. trade in Appendix II species but bans Two Lear’s macaw chicks (critically trade in Appendix I species. Bennett endangered) and four hyacinth macaw Hennessey, the Executive Director of chicks (endangered) passed through Armonia – the Bolivian Partner of the market during the study period. BirdLife International – said, ‘We Critically endangered Lear’s believe our study describes only a The EU permanently banned all macaws were smuggled small proportion of the Bolivian parrot imports of wild birds in July 2007. through Bolivian markets.

Write to be read We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions in your force. Send your articles to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by e-mail to [email protected] or by fax to 01767 693078. The views expressed in Legal Eagle are not necessarily those of the RSPB. Please help us keep the WCO mailing list up to date by sending any changes to [email protected].

The RSPB UK Headquarters Northern Ireland Headquarters The Lodge, Sandy, Bedfordshire SG19 2DL Belvoir Park Forest, Belfast BT8 7QT Tel: 01767 680551 Tel: 028 9049 1547 The RSPB speaks out for birds and wildlife, tackling the problems that threaten our environment. Nature Scotland Headquarters Wales Headquarters is amazing – help us keep it that way. 25 Ravelston Terrace, Sutherland House, Castlebridge, We belong to BirdLife International, the global Dunedin House, Edinburgh EH4 3TP Cowbridge Road East, Cardiff CF11 9AB partnership of bird conservation organisations. Tel: 0131 311 6500 Tel: 029 2035 3000 The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Wales no. 207076, Scotland no. SC037654. 232-0652-07-08 www.rspb.org.uk Cover: Guy Shorrock (RSPB)

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