Joan Childs (RSPB) Goodbye Angus, hello Chris and Carol

Many of you will remember Angus Nurse, who operated our database. Angus left Investigations on secondment in October 1997 to join our Marketing Department as Legal and Data Protection Officer. He has now left the RSPB to do a PhD in wildlife crime and enforcement of environmental and conservation law at the University of Central . We wish Angus well in his new ventures.

Chris Townend is our new Investigations Co-ordinator. Chris has taken over management of our database (under the provisions of the Data Protection Act) and is assisting with some casework. He is your first port of call if you are reporting new incidents or have updating information, or if you want to check details of a suspect. Carol Baker-Smith is our Database Administrator and will be entering the records that you send us. She can also check information on the database for you.

Remember to let us know if there are any changes to WLO names, addresses or telephone numbers in your force so that we can update our mailing list. Additional details such as fax numbers and e-mail addresses would also be useful. Chris and Carol get to grips with the database.

Update your WLOs Please let us know if there are Kenya to host ‘Tusk’ Force any changes to WLO names, addresses, telephone or fax numbers in your force so that we on illegal wildlife trade can update our mailing list. E-mail addresses are also useful. The United Nations Environment Enforcement Operations Directed Programme (UNEP) and the at Illegal Trade in Wild Fauna and Write to be read Government of Kenya have Flora, an agreement adopted by six We welcome contributions to negotiated an agreement to African countries in 1994. Legal Eagle. Please let us know establish Kenya as the Launched in June 1999, the Task about wildlife crime initiatives, headquarters of a Task Force to Force has already conducted news, events and prosecutions in curb the illegal trade in endangered successful cross-border and your force. Send your articles to wildlife and flora. The conclusion undercover operations that have the Editor, Joan Childs, RSPB of the agreement is an important led to the arrests of poachers and Investigations Officer on the step in the implementation of the the confiscation of hundreds of Investigations Section’s direct fax Lusaka Agreement on Co-operative tons of ivory tusks and firearms. number 01767 691052. The views expressed in Legal Eagle are not necessarily those of the RSPB.

RSPB UK Headquarters, The Lodge, Sandy, Bedfordshire SG19 2DL. Tel: 01767 680551 RSPB Scotland Headquarters, 25 Ravelston Terrace, Edinburgh EH4 3TP. Tel: 0131 311 6500 BirdLife RSPB South Wales Office, Sutherland House, Castlebridge, INTERNATIONAL Cowbridge Road East, Cardiff CF11 9AB. Tel: 029 2035 3000 The RSPB works with bird and habitat RSPB Northern Ireland Headquarters, Belvoir Park Forest, conservation organisations in a global Belfast BT8 7AT. Tel: 028 9049 1547 partnership called BirdLife International. www.rspb.org.uk

Registered charity no 207076 Illustrations by Tim Sidaway, Mike Langman and Dan Powell 26/898/99-00 LEGAL EAGLE The RSPB’s investigations newsletter

Fighting talk as Environment Minister opens PAW 2000 Mark Thomas (RSPB) The battle against wildlife crime was stepped up on 16 February when Environment Local people help Minister Michael Meacher protect white-tailed opened the Partnership for eagles page 2 Action Against Wildlife Crime (PAW) seminar at Zoo.

He announced a series of hard-hitting measures to protect endangered animals and plants including:

Cormorants off the ● a new National Wildlife hook page 6 Crime Unit

● PAW’s Enforcement Plan 2000-2003 which sets out future priorities

● a DNA test to detect tiger products

● the new Countryside and Rights of Way Bill.

Mr Meacher said, ‘Wildlife crime presents a clear danger to our animals and Caution after bat plants. Fanatical collectors, roosts blocked page 9 the anoraks of wildlife crime, who have to acquire an egg, butterfly or The Rt Hon Michael Meacher MP, orchid, spell doom for our endangered pictured here with RSPB Investigations species. The new National Wildlife Crime Officer and Legal Eagle Editor Joan Unit will provide an exciting opportunity Childs, vows to get tough with ‘the for us to shift our effort up a gear. Wildlife anoraks of wildlife crime’. crime must be treated more seriously with tougher penalties, and that is what the STOP PRESS: New Bill new Bill will reflect.’ APRIL 2000 published – see page 7 N0 24 COURT CASES COURT CASES COURT CASES Mull locals help protect their eagles

The residents of Mull have acted to help Oban Sherrif Court on 25 January 2000. Brian Maguire, the procurator-fiscal, protect the population of white-tailed A not guilty plea was accepted to the told the court that Mortimer had eagles nesting on the island, a source of charge of intentionally disturbing a approached an RSPB official in white-tailed eagle at the nest, but the Mull in November 1998 posing as a much local pride and tourist revenue. men pleaded guilty to possession of BBC researcher. articles capable of being used to On 30 March 1999 a local sheep farmer commit an offence, which included OS The white-tailed eagle became extinct spotted two men walking towards a maps, a Global Positioning System, a in Britain in 1916 because of white-tailed eagle nest. An eagle was telescopic mirror, binoculars, wire- persistent persecution and egg seen acting in an agitated manner ‘off cutters, climbing equipment, tripods, collecting. A reintroduction the nest’. The police and RSPB were cameras, film, plastic tubs, balaclavas programme began 25 years ago but it quickly at the scene and with the help of and two mountain bikes. remains one of Scotland’s rarest the local gamekeeper and farmers, breeding birds with only six nests police apprehended the men close to a The men were fined £750 each. Sheriff fledging young last year. nest. Police searched their car and Rajni Swanney said the penalty did seized equipment. Camera equipment not reflect the seriousness of the Dave Dick, Senior Investigations and other articles were later found offence, but she was restricted by the Officer for the RSPB in Scotland, buried in the wood. men’s personal circumstances. praised both the local community and Mortimer, serving a prison sentence on Strathclyde Police for working Jan Ross of Bury Road, Bury, Tottington, another matter, asked for no time to together to catch the men, and Lancashire and Brian Mortimer of Ribble pay the fine and had 28 days added to protect the nests of golden and white- Drive, Bury, Lancashire appeared at his sentence. tailed eagles. oesl RP Images) Gomersall (RSPB H C

There are only 20 nesting pairs of white-tailed eagles in the UK, and a large proportion is on Mull.

2 COURT CASES COURT CASES COURT CASES Heavy fine for pole-trapper

A search instigated by suspicious These were later examined by the three charges under the Wildlife and workmen has helped to snare a bird- RSPB. One was a Larsen trap with Countryside Act 1981 relating to the killing aviculturist. white dove feathers in the decoy pole-trapping of a tawny owl and compartments. Such traps are still possession of two cage-traps. He was In April 1999, two workman attended used illegally, normally on game found guilty and fined £2,500 with the then home of Carl Garnham, in shooting estates where they are baited £538 costs. Broadhempston, Devon, to dismantle with live pigeons to catch birds of his aviaries. They found a tawny owl prey. The other was a sparrow cage Garnham, a keen aviculturist, admitted caught in a spring-trap which trap with a spring-trap attached by a occasional problems with raptors appeared to have been set in the open length of twine. Any sparrows caught around his aviaries but would only say on the roof of an aviary. The owl was could lure species like sparrowhawks the spring-trap which caught the owl taken for treatment, but was so badly to the spring-trap. was set ‘inappropriately’. He denied injured it had to be euthanased. the cage-traps were intended for On 20 December 1999, Garnham, of catching raptors. It is unfortunate that WLO PC Steve Saunders visited the Hawthorne Drive, Ibstock, barbaric practices like pole-trapping, scene and found two suspicious- Leicestershire appeared at Totnes illegal for nearly a century, seem set looking cage-traps in an outbuilding. Magistrates’ Court, Devon to answer to continue in the new millennium. Guy Shorrock (RSPB)

PC Steve Saunders with the Larsen trap seized from Garnham with dove feathers in the decoy section.

3 COURT CASES COURT CASES COURT CASES

Legal Eagle 23). The eggs were and Countryside Act 1981 and said New millenium, examined by the RSPB and were that he had been given the remainder same old story determined to have been blown in the in 1979. same unusual manner as many eggs In July 1999 WLO PC Bob Alcock from the Crang collection. Despite only receiving a conditional executed a search warrant at Seaway discharge, Dodsworth entered an Court, New Road, Brixham, Devon, appeal against sentence. He appeared home of Adrian Foulkes. A collection of Egg collector’s at Newcastle Crown Court on 26 221 eggs, including those of peregrine January, but he was still unable to and Cetti’s warbler, was seized. appeal fails produce any reliable documentary or On 10 January 2000 Foulkes pleaded Legal Eagle 18 reported the case of other evidence to support his claims. guilty at Torbay Magistrates’ Court to John Dodsworth, now of Roker Prosecution evidence was given by possession of the eggs. He was fined Avenue, South Shields, who was one former and two current members £400 with £55 costs, and the eggs and convicted for possession of a large of the RSPB Investigations Section. containers were forfeited. egg collection, including nearly 200 After a two-day hearing, Judge Moir eggs of Schedule 1 species, including gave a detailed ruling rejecting the Interestingly, Foulkes was a tenant of snow bunting and golden eagle. He appeal and upholding the conviction. Seymour Crang, also recently convicted claimed to have taken a fifth of the Dodsworth was also asked for £750 at Torbay of possession of eggs (see collection himself before the Wildlife towards prosecution costs.

Disturbing plea for Preedy

On 31 May 1999, sharp-eyed National and questioned about his behaviour. Magistrates’ Court on 27 January Trust wardens at Blakeney Point in A search warrant executed at his 2000. He pleaded guilty to charges of Norfolk saw Andrew Preedy, a 39 year home address by Northamptonshire disturbing nesting avocets and little old man from Oxfordshire, acting Police resulted in the seizure of terns, species listed on Schedule 1 of suspiciously. He entered a fenced tern numerous bird and egg related the Wildlife and Countryside Act colony, disturbing nesting little terns. publications, Ordnance Survey maps, 1981. He also pleaded guilty to Later he visited Cley Marshes, a and photographs of nests and eggs. possession of items capable of being Norfolk Wildlife Trust reserve, again Among the seizures were Oriel used to disturb birds. Preedy was entering a protected area and Stringer books which give detailed fined a total of £400 plus £55 costs disturbing nesting avocets. information on how to find the nests and the court also ordered forfeiture of rare birds. of all of his maps, egg related books, Preedy was arrested at Cley by PC photographs and a camera he had Smith of Norfolk Constabulary for Preedy of Braggington Lane, used on the day in Norfolk. possession of an offensive weapon Middleton Cheney appeared at Cromer Mark Thomas (RSPB) Operation Compass points the way An initiative in east Norfolk to protect nesting birds during the breeding season is to spread to the whole of Norfolk this spring. Operation Compass is an attempt to foil egg thieves who target the rarest species. The initiative is being supported by Norfolk Constabulary, The RSPB, English Nature, The National Trust and The Norfolk Wildlife Trust. Some of the seizures following the warrant on Preedy. 4 COURT CASES COURT CASES COURT CASES Full Monty – the sequel

One of the most significant Guy Shorrock (RSPB) taxidermy cases in recent years – first reported in Legal Eagle 22 – has led to heavy fines for two men.

A joint operation by and Nottinghamshire Police, with the assistance of the RSPB, resulted in the seizure of about 50 stuffed birds in July 1999. Specimens included a merlin, three barn owls, two marsh harriers, two hen harriers and, most disturbingly, a pair of Montagu’s harriers. Examinations by a vet and a taxidermist showed that these and 22 other birds had been shot. R Tidman (RSPB Images) R Tidman

RSPB Investigations Officer Mark Thomas examines some of the X-ray plates of illegally shot birds.

On 2 February, Terrence Porter, an number of birds to Porter for amateur taxidermist from Trafalgar taxidermy. Porter’s claim to be Road, Beeston, Nottingham, pleaded unaware that the birds were shot guilty at Nottingham Magistrates’ was strongly refuted by the Court to 16 charges relating to the taxidermy expert for the prosecution. unlawful possession of 24 wild birds, Portass claimed he had been handed including the Montagu’s harriers. He some of the stuffed birds by his was fined £1,800 with £630 costs. grandfather, but couldn’t explain why other birds which he had passed to On 10 February, Steven John Porter were shot. The evidence Portass, a gamekeeper from Eastern suggested that most of the birds had Road, St Matthew, been shot in and around in Lincolnshire, pleaded guilty at Long Lincolnshire. Sutton Magistrates’ Court to nine charges relating to the unlawful This case highlights the nationwide possession of 13 wild birds. He was problem of bird of prey persecution. fined £800 and £664 costs. The RSPB would like to thank PC Davison, WLO PC Baxter, the CPS, Although it could not be established English Nature and the Guild of who had shot the birds, it became Taxidermists for their efforts with clear that Portass had passed a this enquiry.

Montagu’s harrier: a UK breeding population of fewer than 10 pairs.

5 NEWS NEWS NEWS NEWS NEWS NEWS Cormorants off the hook

New research has shown that fish- Fishery managers can apply to eating birds – principally cormorants, government agriculture departments goosanders and grey herons – do not for a licence to shoot fish-eating birds cause widespread damage to fish where they can demonstrate that the stocks. Julian Hughes, Head of birds are causing serious damage, and Species Policy at the RSPB, talks us only after exhausting non-lethal through the findings. methods, such as deterrents. In England, Farming and Rural Research commissioned by the Conservation Agency (FRCA) staff Government found no evidence that usually visit the fishery to assess cormorants damage fish stocks at a whether a licence should be issued. national level, confirming the RSPB’s view that there are no grounds for Following the completion of the removing or reducing the protected research, the Ministry for Agriculture, status of these species, as some Fisheries and Food (MAFF) is anglers have demanded. reviewing licensing conditions in England. The RSPB believes that The research also found no proof that Cormorants and goosanders may existing arrangements remain valid killing cormorants was more effective damage fish stocks at a local level, but and is promoting the development of at reducing their numbers than simply this needs to be shown at each site. It measures to reduce the risk of scaring them. At some sites, shooting is more likely in artificial situations, predation. As well as habitat – to kill or to scare – made no such as where fish are stocked at high enhancement, underwater refuges for difference to cormorant numbers. At densities. However, even on sites fish may reduce the number of fish lost others, birds left but returned after a where there was perceived to be a big to or injured by cormorants. Netting few weeks. Only regular human problem – Holme Pierrepoint in above the water at fish farms is also a disturbance was consistently effective Nottinghamshire, for example – the very effective means of limiting at reducing bird numbers. detailed studies failed to support this. availability of fish to cormorants.

General confusion over magpies Planning for birds With an eye on the breeding In early November 1999, a 73 year old Ornithology (BTO) over 30 years season, WLO PC Craig Fellowes of man from Billericay, Essex was indicates that at a national level there Warwickshire Constabulary recently officially cautioned by Essex Police is no evidence that increased numbers organised a workshop for planners, for inappropriate use of a Larsen trap. of magpies affects songbird developers, ecologists and road populations. The RSPB continues to maintenance managers from both The trap was being used in an urban research the causes of songbird public and private sectors. Mark garden to catch magpies. Larsen traps decline, and there are strong Thomas from the RSPB can be legally used for the control of indications that it is primarily linked to Investigations Section attended to corvids, ie crows, jackdaws, jays, changing farming practices and winter talk about breeding birds and the magpies and rooks, under the terms food availability. law, and to present some case of a General Licence. The licence studies. Issues discussed included allows control in specific Sgt Saunders, from Brentwood Police preventing nest and habitat circumstances; to prevent serious Station, who investigated the case, destruction, and protecting rare agricultural damage, conserve wild said, ‘There seems to be confusion breeding birds. Craig will be birds (as in this case) and protect any regarding the purpose of the Larsen producing guidelines to help collection of wild birds, for example. trap under the General Licence with developers during the bird breeding regard to conserving wild birds (the season and will be distributing Seeing an increase in magpies and a defence the person put forward in this them locally. Please contact Mark decrease in some other species of case). The Larsen trap is only legal Thomas for further details of how wild birds, it is easy to assume that when the purpose and conditions are this initiative could be adapted for there is a connection. However, complied with and in this case they other regions. research by the British Trust for clearly were not.’

6 NEWS NEWS NEWS NEWS NEWS NEWS Good news for birds of prey

The Report of the UK Raptor Working There is strong evidence in both population levels of British songbirds, Group has now been published by the England and Scotland of adverse blaming instead changes in lowland Department of the Environment, impacts on numbers and productivity agriculture practices. Transport and the Regions (DETR) and associated with illegal the Joint Nature Conservation The report is available for £9.99, Committee (JNCC). including postage and packing, from SNH’s Publications Department. The report is Contact Pam Moncur, tel: the result of a 01738 444177. five-year study by the UK Raptor Working Group which includes STOP PRESS representatives from the racing pigeon New Bill community, upland and lowland game published interests, government wildlife advisors The Countryside and Rights of Way and voluntary Bill published on 3 March 2000 conservation contains proposals to improve public groups. It is the access to the countryside, amend first time that the law relating to rights of way, those with strengthen protection for Sites of different views in Special Scientific Interest (SSSIs) the birds of prey and provide extra powers for the debate have prosecution of wildlife crime. worked together to reach a consensus Key changes proposed to Part I of view on key issues. the Wildlife and Countryside Act include: The report reviews • powers for a police officer to the status of birds of require tissue samples for DNA prey. It states that analysis while some species • the option of custodial sentences of have recovered from earlier declines A new way forward for birds of up to six months caused by illegal killing by humans or prey: the new report from the • an increase in the range of offences for which police officers can obtain by the effects of pesticides, most have Raptor Working Group includes not fully recovered their former range search warrants representations from all sides of • a standardisation of the time limits or numbers, and the sparrowhawk and the bird of prey debate. kestrel are declining nationally. for bringing prosecutions • an offence of recklessly disturbing In the four years since the killing on grouse moors. certain birds and other animals at establishment of the working group in The report recommends better their nest or place of shelter. 1995, there have been 371 confirmed implementation of current legislation incidents reported in Britain of illegal to protect birds of prey from illegal The Bill only extends to England and killing of raptors – a number that is killing, and identifies positive Wales but the Scottish Executive is likely to be only a very small measures to resolve conflicts on actively pursuing similar proposals proportion of the true figure. There is grouse moors, concerning racing for Scotland. The Bill now enters the evidence that this has limited the pigeons, and on lowland gamebirds Committee stage of the distribution and numbers of hen such as pheasants and partridges. Parliamentary process where some harriers, golden eagles and red kites. minor amendments are likely. The number of incidents relative to However the report states that losses national population size is greatest for to lowland gamebirds are minimal and It is hoped that the Bill will receive the hen harrier which is considered at localised. It also concludes that there Royal Assent towards the end of the risk of extinction as a breeding species is no scientific evidence to suggest year and that the provisions will be from England. that birds of prey have affected introduced soon after.

7 ITY ACTION FOR BIODIVERSITY ACTION FOR

‘Spider man’ goes to University

Phil Weaver, the Customs Wildlife University to A Stillwell (Bruce Coleman Ltd) and Endangered Species Officer for interview Yapp. Eastern England, based at The spiders were Nottingham, describes a recent case taken to the insect involving a large spider. house at Drayton Manor Zoo in Loughborough University contacted Staffordshire, HM Customs and Excise on 24 where they September 1999, concerning one of remain. their students, Ronald Yapp Chung Ming, a 27-year-old The personal and Singaporean national. household effects derogation under Yapp had let loose in class a Mexican Article 7(3) of EC red-kneed tarantula Brachypelma Reg 338/97 smithi which he brought into the doesn’t apply to country with another spider, live specimens Avicularia versicolor. The former is and with no CITES-listed and considered permits, Yapp opted to accept a £300 Phil Weaver, a special constable vulnerable to habitat destruction and compound penalty (as opposed to being with Nottinghamshire Police, over-collection for the pet trade. summonsed) under Section 170 of the welcomes queries on wildlife Customs and Excise Management Act matters and CITES-related I asked Andy Wroath, from East 1979 for knowingly importing the spider problems. Midlands Airport, to attend the contrary to the CITES Regulations. Contact him on 0115 971 2377. Second big cat seizure in India

A raid at Khaga in the Indian state of This seizure comes just weeks after denim cloth. The skins were recent Uttar Pradesh on 12 January 2000 another a big haul in Ghaziabad, near and there were no bullet marks on any resulted in the seizure of four tiger, 70 Delhi, on 19 December 1999, when 50 of the pelts, indicating that the animals leopard and 221 blackbuck skins, and leopard skins and three tiger skins were poisoned, snared or electrocuted. 18,000 leopard claws. were discovered in a truck ferrying Poisoning is increasingly popular with poachers as it is silent and does not

C Fredriksson (Bruce Coleman Ltd) attract the attention of forest guards, and the skin has no bullet marks which would decrease its value. The Khaga gang has been operating since 1979 and is believed to have links across India and outside the country. It is thought this gang is also linked to the arrests in Ghaziabad. The premises at Khaga were used to tan skins and process the claws and bones. ‘We were alarmed by the brazen manner in which the tanning operation was being conducted’ said TRAFFIC India Director Manoj Misra. The World Wide Fund for Nature-India (WWF-India), of which TRAFFIC India is a division, has called on government agencies to take all possible measures to stop the illegal trade in wildlife and their products and derivatives. 8 ITY ACTION FOR BIODIVERSITY ACTION FOR Tackling bat crime

Gillie Sargent, Conservation Officer human prejudice of these maligned ‘We now have approaching 4,000 for The Bat Conservation Trust, creatures results in persecution, members and co-ordinate 90 local outlines what is being done to particularly with their increased volunteer bat groups in the UK. We prevent bat crime. dependence on buildings. would like to see prevention of bat crime rather than prosecution, but we have ‘The Bat Conservation Trust (BCT) was ‘Bats and their roosts are protected by assisted the police with investigations formed in 1990. Just one year later, the the Wildlife and Countryside Act 1981 and encourage local bat groups to keep mouse-eared bat went extinct in the and the Conservation (Natural Habitats, us informed of bat crime. Bats and the UK, highlighting the urgent need for etc) Regulations 1994. The commonest law – what to do when the law is broken conservation action for bats. Of 16 legal problems we encounter are is a document produced as a joint species in the UK, 11 are vulnerable or caused by building work and timber venture with the RSPB and is designed rare. The greater horseshoe bat treatment at roost sites, tree felling, to help active bat workers who witness a declined by more than 90% last and deliberate exclusion without first bat crime to work more effectively with century, and even the familiar consulting with the appropriate the police. The document is also pipistrelle is down by nearly 70% over authorities. However there have only available to the police. the last 25 years. been 10 successful prosecutions in the past. One of the obstacles has always ‘The BCT can also offer the police expert ‘Bats are in trouble. They have been the word ‘intentional’ in the advice concerning bats and bat suffered loss of their feeding habitats, Wildlife and Countryside Act, but in the legislation, and we have a and pesticides have reduced their Conservation Regulations this word is comprehensive network of bat workers insect prey. Their roosts are damaged not used regarding the damage or who may also be able to assist at a by building work and tree felling, and destruction of a roost. local level.’

A bridge too far for Daubenton’s bats

Licensed bat worker Geoff Billington English Nature training visit. All D Nill (BBC Natural History Unit) details the destruction of two the crevices were found to documented bat roosts in bridges have been pointed, denying the during the winter of 1998/99, bats access. A visit to Garnett resulting in a caution for the local Bridge, another confirmed County Council. roosting site, in September 1999 told a similar story. The Conservation of Bats in Bridges English Nature had not been Project was set up to survey all the contacted before any of this bridges in the county where bat access work had been done. was possible and identify which were being used by bats. A key part of this The police and English Nature project was liaison with engineers. were contacted on discovery of Records of the bridges surveyed were the blocked roosts. Despite all distributed to local and head County the records of liaison with the Council Highways Offices, and the County Council concerning results put onto the County Council’s bats in bridges, the police database. Engineers from the local decided to take no further office were taken to see the action. Following Daubenton’s bats in Gurnal Bridge in representation by a number of June 1997 as a follow-up training organisations including The Bat session. The County Council was Conservation Trust, English informed that English Nature must be Nature, The RSPB, Greena consulted in advance of any work Ecological Consultancy and the done on a bridge which hosted bats. Robert Stebbings Consultancy, a caution was subsequently Daubenton’s bat In June 1999, Gurnal Bridge was issued to the County feeding over water. resurveyed in preparation for an Council involved.

9 ITY ACTION FOR BIODIVERSITY ACTION FOR

COTES: S is for snowdrop Prison for snowdrop thieves

Two men have been jailed for the theft of 300,000 snowdrop bulbs valued at £60,000. Kevin Griffith of Lay Walk, Welwyn Garden City was sentenced to 21 months, and Malcolm McMinn of Scott Avenue, Stanstead Abbotts was sentenced to 15 months under the Theft Act on 14 January 2000 at St Albans Crown Courtesy of Eastern Daily Press Land, Wright and Ketteringham outside Thetford Magistrates’ Court. Court, Hertfordshire. The offence took place in February 1999 The first prosecution in Norfolk under also each convicted of three offences when the bulbs were taken COTES has resulted in three men being under The Control of Trade in illegally from Westminster Wood sentenced for stealing snowdrop bulbs Endangered Species Regulations at Aspenden near Buntingford in – but keeping their ‘loot’. Senior Crown (COTES), acquiring an Annex A species Hertfordshire. Forensic tests Prosecutor Nicholas Crampton gives for commercial purposes, keeping it for showed that soil found on the Legal Eagle the lowdown. sale and transporting it for sale. They bulbs matched that found in the were each sentenced to 180 hours’ wood. Hertfordshire Police ‘In the early hours of 4 March 1999 community service and ordered to pay undertook the prosecution and police stopped a van carrying 18 trays £100 costs. The court ordered said, ‘We take all crime relating of snowdrop bulbs near Mundford in forfeiture of the trowels, gloves and to wildlife seriously. The case is Norfolk. The police noticed that van other equipment seized by the police, an example of the extent of driver Leslie Ketteringham and but the van had already been sold. damage which can be caused to passengers Darren Land and John Hertfordshire’s environment by Wright were muddy, and found three ‘The principal reason for bringing criminal acts. The protection of dirty trowels and six recently-used these prosecutions is to stamp out our wildlife is important to our rubber gloves in the van. The men what can only be described as natural heritage.’ The bulbs were arrested on suspicion of stealing environmental vandalism by people have been returned to the owner the bulbs. who acquire protected wildlife species for replanting. and seek to use them for their own ‘Ketteringham claimed he had bought private advantage. The three previous the bulbs for £10 a tray from a man he cases in Norfolk involving snowdrop arranged to meet on the outskirts of and bluebell bulbs have resulted in Diss. He claimed they had run into sentences ranging from imprisonment engine trouble on the way back and got to four-figure fines. This case was also muddy in the course of trying to fix the disappointing because the police were car. Wright also told police that the van unable to find anyone to take charge of developed a fault on the way back from the seized bulbs, so they were returned Diss, but Land said the breakdown to Ketteringham.’ happened on the way there. Snowdops are listed on Annex A of ‘Ketteringham of Delph Road, Long the EU regulations which gives Sutton, Lincolnshire, Land of St them greater protection. It requires Leonards Road, Leverington near only proving intent to sell the bulbs. Wisbech, Cambridgeshire and Wright If they were just on Appendix II of of Dagless Way, March, The Convention on International Cambridgeshire appeared at Thetford Trade in Endangered Species (CITES), Magistrates’ Court on 6 January 2000 it would only be illegal to sell them if after being found guilty of theft at a they were illegally imported. trial on 29 November 1999. They were

10 NAL INTERNATIONAL INTERNATIONAL INTER Egypt – a happy hunting ground for falcon thieves

Andrew Grieve, Chairman of the signatory to CITES and protects desert regions, so it is possible to Ornithological Society of the Middle peregrines and saker falcons by law, trap all the birds in any area using East, reports on the falcon trade the demand for falcons threatens this method. in Egypt. populations. The sheikhs do not capture falcons themselves, but it is The Egyptian Red Sea coast was The hunting of houbara bustards with alleged that they are willing to pay formerly a stronghold for lanner falcons has long been a tradition in the up to £10,000 for a peregrine or saker. falcons. Visits in 1994 and 1997 Arab world. It is the privilege of the So every autumn, hundreds of confirmed that there were 10-15 pairs ruling elite, and they have established Egyptians trap falcons all over Egypt, between Qusier and Marsa Alam, a special hunting preserves. While particularly along the 1,000 km of the distance of 132 km. In autumn 1999 government officials and lesser Mediterranean coast. there were none; until recently access princes in oil-rich states can now was difficult but the road has now been afford to purchase falcons, they are Breeding lanner and Barbary falcons opened for general use. At the same not necessarily allowed to hunt in their are trapped using domestic pigeons time, a pair of lanner falcons were own states. with small snares attached to their spotted by the road between Marsa backs. Several pigeons are tethered to Alam and Hamata with a vehicle parked Countries such as Egypt face two the ground and their fluttering attracts nearby. It was discovered that the male problems. Firstly, rich sheikhs from falcons which become entangled in was trapped on a pigeon and the Arabia hunt the houbara bustard to the snares. Prey for the falcons to feed female was sitting near another. The extinction. Secondly, while Egypt is their young on is scarce in these male was released, the snares were confiscated, and the illegality of falcon trapping pointed out to the two people in the vehicle, both well dressed Arabs speaking excellent English. The incident was reported to the relevant people in Cairo, but patrolling is needed to ensure the lanner falcons of this area are not wiped out.

If the lanner falcon is not smuggled out of the country, it is used to trap larger

C O’Reilly (BBC Natural HIstory Unit) falcons on autumn passage through Egypt, as are kestrels and Barbary falcons. They are tethered to the ground with bird feathers attached to their feet and snares attached to their backs. The falcon’s eyes are sewn together, or the bird is blinded, forcing it to fly continually above the trapping area, giving the appearance of carrying prey. This attracts larger falcons which are renowned for their habit of robbing each other. Several pigeons with snares will also be staked out, and a clap net may be employed with a live tethered lesser whitethroat.

A full survey of falcon trapping in Egypt is being proposed, and offers of help or requests for further details are welcomed by BirdLife International representatives Sherif and Mindy Baha el Din at e-mail: Saker falcon. [email protected] 11 NAL INTERNATIONAL INTERNATIONAL INTER The illegal wild bird trade to Malta

Cliff Harrison from the Royal Society birds. We visited his pet shop in RSPCA for the Prevention of Cruelty to Malta, where he specialised in Animals (RSPCA) Special Operations British birds, to serve summonses Unit (SOU) describes a recent on him. operation and explains why our wild birds are ending up in Malta. While in Malta, we assessed the scale of the finch trade. Thousands Towards the end of 1998 Irish Customs of birds – many clearly taken from and Excise, acting on our information, the wild – were for sale in the busy intercepted, seized, and subsequently Valetta market. A Libyan-caught released a consignment of finches at greenfinch fetches £20, whereas a Dublin Airport destined for Malta. British greenfinch will fetch £40. Using a TV crew helped us increase When questioned, the suspect awareness of the issue. admitted sending four previous consignments from Dublin. A little Shortly afterwards, information later, acting on a tip-off, the RSPCA provided by the RSPB enabled us to and Kent Police visited a disused shop intercept a consignment of finches in Chatham and found the same man at Heathrow Airport. Of 106 birds, 49 placing illegal rings on over 750 wild were illegally ringed. The consignor, finches. The rings mimicked official Maltese national Vincent Ellul of British Bird Council rings, but were Sussex Gardens, London W2, stamped ‘BBC’ instead of ‘BC’. The pleaded guilty at Uxbridge BBC supposedly standing for ‘Baluta Magistrates’ Court, Greater London, Bird Club’ in Malta. The birds were on 13 July 1999 to four charges of seized and released. The man was being in possession of wild birds. arrested for cruelty offences at the He was given a two-year conditional shop in Kent, but failed to return for discharge and ordered to pay further questioning. Subsequent £4,814 costs. This man bought a wild-caught Libyan enquiries revealed that he had been greenfinch from a Maltese market for operating for a considerable time, We believe that organised wild bird £20. A British bird costs double. probably exporting thousands of crime is increasing, both domestically and Europe-wide, at a

RSPCA time when wild populations are Talk of relaxing ringing regulations, self- under pressure and the supply of regulation and the recent legal exempting genuine captive-bred birds cannot of restrictions on the sale and competitive satisfy demand. We must ensure showing of many species in addition to that trying to get illegal birds out of Schedule 3 birds are causes for concern. the country is too risky to attempt. Stronger legislation is a must.

It is well-known that our native finches are illegaly trapped and Cyprus traded, resulting in may deaths. For years the RSPCA and police have attempted to stop wild birds being cracks down passed off as legitimate, captive- bred specimens. on trapping

Alarmingly, as long as the birds are Cypriot authorities are clamping in IATA-approved containers and down on the illegal capture of wild conform to regualtions, anyone can birds. Since 1 January 1998 there put them through a check-in desk as have been 117 prosecutions. luggage. The birds are collected as Methods of catching the birds Some of the Malta-bound finches luggage at the other end. include netting and liming. found in a disused pet shop in Kent.

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Endangered animal parts seized in raid in Canada

Federal game officials seized about Images) A Janes (RSPB E 70 items made from endangered species from a home in Margaretsville, Canada in December 1999. It is suspected that they were smuggled into Canada illegally and were destined to be sold on the black market. The seized items included ivory trinkets, a python purse and belt, stuffed hawks, a vest made from the skin of a Geoffrey’s cat, an alligator briefcase and purses, a wolf skin coat and a stuffed caiman.

Two people could face charges under Canada’s Wild Animal and Plant Protection Act and the Customs Act. The penalty for importation is a fine of up to $151,000 and six months in jail. Sale carries a maximum fine of $300,000 and five years in jail. A wolf skin coat, where it belongs.

French season Bulgarian hunting date restored In July 1999, the Bulgarian Government (the National Department of Forestry and ‘too long’ the Ministry of Agriculture) reinstated 31 January as the end of the open season The Conseil d’Etat, the highest court for waterfowl. In 1997, pressure from hunters resulted in an extension to the end in France, has declared that French of February. laws fixing hunting season dates for migratory birds are incompatible Under the reinstated law there is still provision for extending the hunting season, with EC directives. The French but only when there is serious crop damage caused by birds or if exceptional hunting season is July to 28 February numbers of birds are present. This has not been the case for several years. compared to European regulations of 1 September to 31 January. The decision was partly a result of increasing co-operation between the National Department of Forestry and the Bulgarian Society for the Protection of Birds. Tiger parts banned Japan has made it illegal to sell tiger products without government approved paperwork guaranteeing importation before 1980 when Japan became a signatory to CITES. There is already a ban of recognisable tiger products such as

E A Janes (RSPB Images) skin and claws, but Japan has been a major market for unrecognisable tiger products such as bones and genitals. In the early 1990s alone, Japan imported hundreds of tonnes of tiger-bone pills and wine from China. Although the ban is a welcome first step, conservationists are calling for a total ban because of the Under fire – the blackbird. risk of documentation forgery.

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Frogs illegally German egg haul

leap border Images) Guy Shorrock (RSPB Charges of smuggling and possession of rare poisonous frogs laid by wildlife officers in Toronto may be dropped in return for a donation to a rainforest charity. The pet shop involved faces a fine of $300,000 and the employee a maximum five year prison sentence.

The investigation began in September 1999 when 15 blue dendrobates were bought in the US by a pet shop employee in Ontario and driven across the border for resale. Eight were sold for up to $700 each. The frogs are often called poison dart frogs because South American natives roll the tips of darts in the poison secreted from the frogs’ skin to make blow darts to hunt monkeys.

Environment Canada was alerted to the presence of the illegal frogs in December 1999, and a plain clothes RSPB Investigations Officer Dave Dick examines some of the seized eggs. wildlife officer visited the shop. When the necessary paperwork for the frogs could not be found, two officers seized Egg collecting is often thought of greater spotted eagle. The suspects, the remaining seven frogs and laid as a peculiarly British thing. all over 40 years of age, include charges of importing a protected However, it seems that Germany teachers, a vet and even a customs has now discovered it too. officer. RSPB Investigations Officer species without a permit against the Guy Shorrock, who visited the employee and possession of animals In 1999 osprey eggs were taken collection, said, ‘It was staggering illegally imported against the pet shop. from a site in East Germany and to see a several storerooms stacked the eggs substituted with painted with tens of thousands of eggs from hens eggs, a trick sometimes used so many rare species.’ to keep the birds incubating. Following a tip-off in June 1999 the In Germany a full-time team of WWF German authorities raided an three police officers assisted by address near Berlin and found over ornithological experts has been 7,000 eggs mainly of European painstakingly cataloguing the species. collection and the data held with the eggs. It is alleged that the data have Documentation found resulted in a been made up to make it appear as further seven addresses raided and if the eggs were taken prior to the it has since mushroomed into a legislation coming into force. huge enquiry. More than 100,000 eggs have now been seized along A number of men are expected to with a number of taxidermy appear in court later in the year. In specimens and there have been Germany the law allows up to five related enquiries in Denmark and years’ imprisonment for each clutch Spain including the British ex-pat of the rarer species. Although this featured in Legal Eagle 23. deterrent is currently not available in the UK for such crime, it is hoped The eggs include those from that this will be rectified by the new globally threatened species such as Countryside and Rights of Way Bill the great bustard, black vulture and in England and Wales. Poison dart frogs.

14 NAL INTERNATIONAL INTERNATIONAL INTER PAW goes international

Delegates at the last WLO Conference Graham Elliott (RSPB) will remember the excellent presentation by the Jordan Royal Society for the Conservation of Nature (RSCN) during a visit with senior Jordanian police officers. In January 2000 the RSCN funded Graham Elliott, Head of RSPB Investigations, Acting Chief Constable Mick Brewer from Warwickshire and Sgt Nevin Hunter from Devon and Cornwall Police to visit Jordan.

The enforcement authorities learned how wildlife law is enforced in the UK, the importance of the partnership approach between statutory enforcement agencies and NGOs, and the value of the WLO network. The UK delegates met Queen Noor, the Crown Prince, and the Deputy Head of the Jordanian Police who were supportive of moves to improve wildlife law enforcement in Jordan. Presentations were given at the National Police Training Centre to senior police officers from all over the country. The Mick Brewer questions a Jordanian hunter.

Graham Elliott (RSPB) RSCN judged the visit a great success in raising the profile of wildlife law enforcement and were appreciative of the support given from the UK. The RSCN’s job is to turn words into action and establish WLOs as a reality in Jordan.

Graham, Mick and Nevin joined RSCN Rangers and the Jordanian Police on a patrol in the Jordan Valley and witnessed the questioning of several hunters although no offences were detected. There were, however, mixed feelings about not being able to join a three-day camel patrol with the desert police.

Mick Brewer and Nevin Hunter meeting with a senior officer from the desert police.

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