LEGAL EAGLE The RSPB’s investigations newsletter Andy McWilliam, Merseyside PoliceAndy McWilliam, Merseyside

Page 3 Collector’s hobbies lead to court action

The goshawk illegally taken in Derbyshire Registration scheme

Page 6 Photographer cautioned jails goshawk thief over disturbed harrier

The importance of the Bird Registration Environment, Food and Rural Affairs Scheme has been demonstrated again by (Defra), O’Connor tried to register the bird the conviction of a Liverpool man for by falsely claiming that an unknown stealing goshawks from the wild. person had left it on his doorstep and that it was injured. Defra wildlife inspector Leonard O’Connor of St Anne’s Road, Geoff Mawson visited O’Connor and Huyton, Liverpool, became the first person became concerned about the legality of the to receive a custodial sentence for taking bird. Merseyside Police Wildlife Liaison birds from the wild in the UK. The case Officer (WLO) Andy McWilliam was Page 11 only came to light because goshawks are informed and a search warrant was German red kite listed on Schedule 4 of the Wildlife and executed at O’Connor’s house during ‘breeder’ jailed Countryside Act 1981. which the goshawk was seized. O’Connor’s diary was also seized. It detailed his visit to In May 2000, O’Connor and two associates the goshawk nest, his keeping of the bird took two of the three chicks from a and the fact that the other bird had died. A goshawk nest in the Derwent Valley, set of goshawk tail feathers was also found Derbyshire. O’Connor kept one of the birds on his premises. in his garden for falconry purposes. Knowing that it is a legal requirement for O’Connor was charged with taking two all Schedule 4 birds to be ringed and goshawks, possession of a live goshawk registered by the Department for and the goshawk tail, and with falsifying MAY 2003 turn to page 2 No 36 NEWS NEWS NEWS NEWS NEWS NEWS Registration scheme bites Courtesy of the Daily Post from front page become particularly prevalent in documentation in an attempt to register the bird. He Derbyshire. Seven active goshawk nests eventually pleaded guilty to all charges but said that he in the Derwent Valley failed in 2000. would not comply with any community order sentence. However, with the introduction of nest Defence solicitor Patrick McLoughlin, reading from a Cage cameras by a consortium of partners in and Aviary Birds article, claimed that goshawk numbers had 2001, a minimum of 11 young fledged increased to such a level that Defra was about to scrap successfully. Unfortunately, this was not Schedule 4 and that the RSPB was simply objecting to this to repeated in 2002 when only one nest was gain publicity and membership. successful.

On 14 January 2003, O’Connor was sentenced to four Wildlife Law Enforcer of the Year months’ imprisonment for the offences of possession of the PC Andy McWilliam said after the case, goshawk and falsifying documentation. No separate ‘It is clear that the threat to these penalties were imposed for the other offences but the Schedule 4 birds is as real today as it magistrates made it clear that if the goshawk nest had been was 20 years ago and that protection raided after the introduction of the Countryside and Rights of of these species through the Bird Way Act 2000 (CRoW) the sentence would have been longer. Registration Scheme not only acts as a Leonard O’Connor deterrent but also as a tested became the first O’Connor’s conviction for registration offences means he will enforcement tool.’ He added, ‘It is person to be jailed be banned from keeping any Schedule 4 bird for five years. vital that the law protecting these after taking a In recent years, goshawk and peregrine persecution has birds is not weakened.’ bird from the wild.

Continuing concern over Defra consultation

Since we first drew attention to concerns of those who wish to the impression that Defra is in the Defra consultation on the keep birds in captivity. favour of deregulation and would Review of the Bird Registration like to cut costs at the expense of Scheme of the Wildlife and In addition to commenting on the bird conservation. We are Countryside Act 1981 (see Legal proposals, the RSPB has dismayed that they continually Eagle 34), it has been encouraging expressed its concern that the refer to bird keepers as their to hear that WLOs and other content of the consultation was ‘customers’ when their real bodies involved with enforcement unbalanced in favour of responsibility is the conservation support our position. deregulation, emphasising the of wild birds.’ administration burden and cost of Concern has been expressed that the scheme to Defra and bird Defra has responded to the RSPB’s changes to the scheme could lead keepers. We believe this was not criticisms by saying that the aim to the removal of an effective balanced by the benefits of was to promote an open debate enforcement tool and an increased retaining the scheme to the between bird keepers and threat to wild birds. conservation of wild birds and the conservation interests, but enforcement of wildlife legislation. admitted that parts of the Comments received also stress document could have been the need for the Government to RSPB Investigations Officer expressed better. place the conservation of wild Duncan McNiven said, ‘The tone birds ahead of the needs and of the consultation papers gives

2 COURT CASES COURT CASES COURT CASES

The possession of two unregistered hobbies has led to the prosecution of a man from Manchester. This prosecution oger Wilmshurst (rspb-images.com)

R would not have been possible without the Bird Registration Scheme.

Collector’s hobbies lead to court action

Greater Manchester Police successfully Endangered Species (Enforcement) keeping any Schedule 4 bird for a prosecuted a man for non-registration Regulations 1997 (COTES) by HM period of five years. In a bizarre twist, of two hobbies under Section 7 of the Customs and Excise to retain the birds the court omitted to enforce the Wildlife and Countryside Act 1981. pending further enquiries. The suspect, mandatory forfeiture of the birds Wallid Hakmi, a Syrian national of following conviction. Hakmi tried to During a search of a house in Kirkmanshulme Lane, Longsight, have the birds returned by appealing Manchester, police officers found two claimed to have bought them in a against the COTES seizure order, but small falcons sitting on a wire market in Manchester. The hobbies eventually abandoned his appeal. supermarket basket in the kitchen. The were not ringed and registered with birds were in such terrible condition, Defra as required for species listed on The hobby is a rare breeding bird in the with their wing and tail feathers partly Schedule 4 of the Wildlife and UK, with about 900 pairs. It receives severed, that at first they were Countryside Act 1981. Consequently, special protection, being listed on unidentifiable. They were taken to the Hakmi was charged with a Schedules 1 and 4 of the Wildlife and National Bird of Prey Centre at Newent, non-registration offence under Countryside Act 1981. Schedule 4 is where they eventually moulted and Section 7 of the Act. currently under review by Defra with proved to be hobbies. the possibility that some species will be He received a 12-month conditional removed from it. The RSPB believes The birds were suspected of having discharge at Manchester Magistrates’ that the removal of any species from been smuggled into the UK and so a Court on 11 July 2002 and was ordered Schedule 4 will lead to an increase in seizure order was made under to pay £200 costs. His conviction for nest robberies and a reduction in Regulation 5 of the Control of Trade in non-registration disqualified him from enforcement action by the police.

3 COURT CASES COURT CASES COURT CASES Duncan McNiven (RSPB) Duncan McNiven Rook shooter convicted for having ‘fun’

RSPB Investigations Officer Mark Thomas recounts a rook shooting incident he witnessed which resulted in legal action.

‘While birdwatching at Willington Gravel Pits in Bedfordshire on 11 May 2002, I noticed a large number of rooks circling and calling in distress over a nearby rookery.

‘I could see a man in the wood shooting juvenile rooks that were sitting on the nests. I called Bedfordshire Police, but in the meantime, over the next 50 minutes, I One of the wall cases housing part of the egg collection seized in London. heard several shots and saw rooks falling from the trees. ‘Eventually two firearms officers The Essex egg arrived and dealt with the situation by speaking to the man, but they were unwilling to seize the firearm or the dead birds. I entered the wood and found a recently killed juvenile rook, connection which I passed to Bedfordshire Police. Tw o cases involving possession of Wildlife and Countryside Act 1981 and ‘The man admitted shooting the rooks wild birds’ eggs, that originated from those that had no data showing their and told the officers he had been enquiries in Essex, have recently provenance. There was no evidence doing it for fun. He had no permission reached their conclusions. that the suspect had ever collected to shoot in the wood, which is owned eggs from the wild and he was by Bedfordshire County Council. Essex Police cautioned a person who cautioned on 22 November 2002 at sold wild birds’ eggs on the eBay Southwark Police Station for ‘General licences that allow rook website (see Legal Eagle 35) after an possession of 498 wild birds’ eggs. shooting, issued under Section 16 of enquiry led by WLO Barry Kaufmann- the Wildlife and Countryside Act 1981, Wright. WLO Dave Flint of the In a separate enquiry, PC Roy Levett allow only authorised persons Metropolitan Police searched a house of Essex Police seized 79 eggs from a (landowners or people with their in London owned by the purchaser. A house in Basildon in January 2002. permission) to shoot rooks and only large collection of eggs was seized, The collection contained 54 wild for specific reasons, such as the some in home-made wall cases, birds’ eggs with no record of prevention of serious agricultural others in specimen cabinets. It provenance. damage. To help clarify the legislation, appears that the collector had been the RSPB welcomes all reports of rook acquiring eggs from a variety of Neil Everett of Long Riding, Basildon, shooting.’ sources over the internet and by pleaded guilty at Basildon purchasing cabinets containing the Magistrates’ Court on 16 December At Bedford Magistrates’ Court, David eggs from auction rooms and antique 2002 to possession of the 54 eggs, Williamson of Warwick Way, Bedford, dealers. After examination by the which were forfeited. He was given a pleaded guilty to killing two rooks and RSPB, the eggs were sorted into 12-month conditional discharge and received a six-month conditional those that appeared to pre-date the ordered to pay £150 costs. discharge with £25 costs. 4 COURT CASES COURT CASES COURT CASES Forensics catch finch trapper

RSPCA Chief Superintendent Martin Daly reports on a finch trapping prosecution.

‘In March 2001 Wayne Sellars of Gypsey Road, Bridlington, East Yorkshire, was apprehended by the police as he trapped wild birds. During the investigation, fingerprint evidence was used to show that items found near to the finch trapping site had been Courtesy of RSPCA handled by him. This is believed to be the first time such forensic techniques have been used in a finch trapping investigation.

The caged goldfinch ‘Sellars pleaded guilty at Bridlington Magistrates’ Court on 2 October 2002 to five charges relating to finch hours and a Community Rehabilitation ● In a separate case, Reginald Henry of trapping, including the possession and Order for 18 months for each of the five Garth Twentyfour, Killingworth, Tyne unlawful confinement of a goldfinch, charges, to run concurrently. Sellars and Wear appeared at North Tyneside attempting to take wild birds and was also ordered to pay costs of Magistrates’ Court on 14 November possession of twigs coated with bird £561.70. We are grateful to Sgt Hine 2002. He pleaded guilty to possession lime. Sellars was dealt with by way of a of North Yorkshire Police and Roger of 21 wild goldfinches and was given a Combination Order consisting of a Caton whose assistance led to a 12 month conditional discharge and Community Punishment Order for 100 successful result.’ ordered to pay costs of £501. Swan killed by jet skier

Sgt Pete Charleston from North case was investigated by the RSPCA Wales Police outlines a prosecution which was unable to prosecute as under the Public Order Act relating evidence under the Wildlife and to a mute swan. Countryside Act 1981 was insufficient. North Wales Police then submitted a ‘On 27 November 2002, Stephen file to the Crown Prosecution Service Halsall of Wittle Street, Walkden, (CPS) inviting them to consider Manchester, was convicted of causing prosecution for criminal damage on the harassment, alarm or distress under basis that the bird was the Queen’s

C H Gomersall (rspb-images.com) the Public Order Act after a two day property. This was not an argument trial at Denbigh Magistrates’ Court. He that found favour with the CPS but they was fined £600 and ordered to pay noted that there were a number of £350 costs. The prosecution followed witnesses expressing their distress and an incident in August 2001 at Conwy therefore advised proceedings under Marina. A male mute swan, defending the Public Order Act.’ its territory, was acting aggressively Editor’s comment: towards craft leaving and entering the It is worth noting that the RSPB marina. Halsall launched his jet ski, is aware of two cases where the aware of the presence of the swan. CPS has successfully prosecuted When he drove out of the marina, he individuals for criminal damage A man was prosecuted after accelerated directly towards the swan, to swans. accelerating his jet ski at a swan. striking it at speed and killing it. This

5 COURT CASES COURT CASES COURT CASES Caution for photographer who disturbed a harrier

A bird photographer was officially A caution cautioned in December 2002 by resulted for a Nottinghamshire Police for reckless photographer disturbance of a Montagu's harrier. who was found to have On 14 July 2002, an RSPB Montagu’s disturbed a harrier protection warden in Montagu’s Lincolnshire heard and saw the female harrier at the harrier alarm-calling and repeatedly nest. attempting to deliver food to the nest. (rspb-images.com)Dusan Boucny A photographer who was discovered only 50 metres from the nest was asked to move on.

The photographer returned to the site two weeks later with two companions and was again seen by the warden and received an official police caution. and/or a £5,000 fine. In this case, asked to leave from exactly the same RSPB Investigations officer Mark involving the UK’s rarest breeding bird position near the nest. The Thomas said, ‘In England and Wales it of prey, the photographer received a photographer claimed he was not is an offence intentionally or recklessly caution because he was of previously aware that the site was a nesting place. to disturb any Schedule 1 species while good character and because the He admitted hearing the female calling it is building, on, or near a nest nest was ultimately successful. We urge but said that he did not realise the containing eggs or young or while it all birdwatchers and photographers to significance of this. He admitted has dependent young. The maximum consider the impact of their actions.’ recklessly disturbing the birds and penalty is six months’ imprisonment NEWS NEWS NEWS NEWS NEWS NEWS Appeal against Sissen ruling

Customs has appealed against a court Customs argued that they should be smuggling activities following Asset ruling that most of the birds seized entitled to confiscate the remainder of Forfeiture hearings in August 2001 (see from parrot smuggler Harry Sissen the birds. On 21 November 2002 at Legal Eagle 30). While the legal during a raid at his farm five years ago Richmond Magistrates’ Court, District wranglings continue, the three Lear’s must be returned to him. Judge Roy Anderson ruled that, while macaws remain under seizure in an Sissen had to forfeit the macaws for aviary in the UK. The Brazilian Sissen was sentenced to 30 months in which he was convicted, Customs had Government has requested that they be jail – reduced to 18 months on appeal – to return about 100 of the remaining repatriated to help in a captive- at Newcastle Crown Court in April 2000 birds to him because there was breeding programme in their native for smuggling six blue-headed macaws insufficient evidence to prove that they Brazil, where about 250 birds remain in and three Lear’s macaws into the UK. had been illegally imported. the wild. Meanwhile in Slovakia, the The latest legal hearings were to police have raided one of Sissen’s determine the fate of the rest of the 144 The appeal against the District Judge’s suppliers, and a large number of birds, including threatened species ruling was due to be heard at Teesdale parrots have been placed under seizure such as blue-throated macaws and Crown Court on 9 April 2003. order pending further enquiries. It is red-vented cockatoos, seized by believed that the Slovak authorities Customs during the initial raid. During Sissen still has to pay £150,000 to have requested assistance from HMCE the ‘Condemnation Proceedings’, Customs as the proceeds of his in their investigation.

6 NEWS NEWS NEWS NEWS NEWS NEWS CITES Conference

The 12th CITES Conference of M Gore (rspb-images.com) Parties was held in Santiago, Chile, in November 2002. A number of important decisions were taken affecting the status of some high-profile species, some of which are listed below.

Additions to Appendix I

Yellow-naped parrot, yellow-headed parrot and blue-headed macaw These rare birds from Central and South America have been transferred from Appendix II to Appendix I. This means that no commercial trade will be permitted.

This stricter regulation reflects concerns that the birds’ numbers have continued to decline in recent years due to trade and habitat loss. Tu r tles are threatened by illegal trade, subsistence consumption and habitat loss.

Additions to Appendix II Tw enty-six species of Asian turtles All 32 seahorse species Many turtles from South, South-east The trade in seahorses will now be Mahogany and East Asia are traded in significant regulated for the first time. Seahorse This listing requires each of the quantities for local food markets, populations seem to have declined mahogany range states to ensure that traditional medicines and international dramatically over recent years owing to all exports of this extremely valuable pet markets. commercial trade, by-catch in fisheries, timber are sustainable and covered by coastal development, destructive CITES export permits. Their numbers have been dwindling fishing practices and pollution. in recent years, and the newly To meet the growing demand for The whale shark and the basking shark listed species are vulnerable or traditional medicines, aquarium pets, This is widely considered a landmark endangered throughout their ranges. souvenirs and curios, at least 20 million agreement, as CITES has not There is extensive evidence of illegal seahorses were captured annually from traditionally played an important role trade, but turtles are also harvested the wild in the early 1990s, and the in global fisheries. for subsistence consumption. Habitat trade is estimated to be growing by loss is another major threat to eight to 10% per year. their survival.

Full details of changes to the appendices can be found on the CITES website: www.cites.org

Websites: some useful sites to visit

See the RSPB’s website at www.rspb.org.uk. Some of the following sites may also be of interest. Please let us know if you have any particularly useful sites that you can share. www.defra.gov.uk/paw/ for details of the Partnership for Action Against Wildlife Crime. www.europa.eu.int/eur-lex/it/index.html for European Union law. www.bats.org.uk includes bat legislation. www.hmso.gov.uk www.legislation.hmso.gov.uk/stat.htm has useful information on legislation, including copies of many Statutory Instruments. www.traffic.org Website of TRAFFIC International. www.pesticides.gov.uk Website of the Pesticides Safety Directorate. www.dnapaw.btinternet.co.uk Website of the PAW DNA and Forensic Working Group.

7 NEWS NEWS NEWS NEWS NEWS NEWS ‘Belgian’ birds seized

A large number of unusual birds have been seized in a raid on a house near Llangollen, Clwyd.

Following the execution of a Wildlife and Countryside Act search warrant in

Shorrock (rspb-images.com) Shorrock Lear’s macaws October 2002, North Wales Police, G assisted by officers from the RSPCA and RSPB, seized lapwings, redshanks, dunlins, curlews and a bar- tailed godwit, along with turtle doves, COTES – more crossbills, a two-barred crossbill, corn buntings, blackcaps, and hawfinches. Most of the birds were alleged to have been captive-bred in Belgium. A legislative change man was subsequently interviewed and enquiries are continuing.

RSPB Investigations Officer Duncan is on the way McNiven said, ’This was a highly unusual haul of birds and a good example of inter-agency co-operation. Defra has put forward new proposals ● improved powers to permit taking The RSPB is concerned about the to amend the Control of Trade in of DNA samples and to allow micro- level of trade in a huge range of Endangered Species (Enforcement) chipping of specimens. native European birds emanating Regulations 1997 (COTES). The from Belgium and being sold in the proposals were contained in a Proposed new offences include failing UK as “captive-bred”.’ consultation document issued on 14 to produce specimens and certificates R Glover (rspb-images.com) January 2003 requiring comments by when requested, and failing to pass 4 April. Changes are deemed on an Article 10 certificate when necessary due to the coming into transferring a specimen to a new force of the Human Rights Act 1998, keeper. Unfortunately there is no firm the Countryside and Rights of Way Act proposal for a new offence of 2000 and more importantly possession of listed species without Commission Regulation (EC) No the correct paperwork. 1808/2001 which lays down detailed rules concerning the implementation A full copy of the proposals and of the EU CITES Regulation. consultation document can be found at www.defra.gov.uk/wildlife- The proposals include new powers for countryside/consult/trade/index.htm police officers of: ● entry into commercial premises STOP PRESS: As we were going to ● stop and search print, a letter was received from Defra ● power to demand production of announcing a review of Part 1 of the relevant CITES documents Wildlife and Countryside Act 1981. A Lapwings were among the birds ● power to demand production of a full consultation will follow.The review seized from a house in Llangollen specimen for examination will only apply to England and Wales. in October 2002.

8 NEWS NEWS NEWS NEWS NEWS NEWS Forensic toxicology

Ainsley Jones heads up a team of Courtesy of the Central Science Laboratory chemists and toxicologists who work on the Wildlife Incident Investigation Scheme (WIIS) in the Central Science Laboratory (CSL). Here he describes their wildlife forensic toxicology work.

‘Phrases such as “tests showed that” often appear in articles about poisoning incidents in Legal Eagle. If the case occurred in England or Wales, and was accepted into WIIS, then those tests will have been performed by the Pesticides and Veterinary Medicines Group at the CSL in York. WIIS has been investigating poisoning of wildlife and companion animals for more than 30 years. It investigates poisoning from pesticides used correctly for their intended purpose as well as cases of illegal use, whether accidental or deliberate.

‘Carcases are submitted to CSL after post mortem, along with associated material such as poison baits. Toxicology investigations are conducted using complex and sensitive techniques such as gas chromatography-mass spectrometry.

‘Where possible, multi-residue methods are used to identify a number of compounds in a single test. An initial screening is often performed to identify any pesticides present, followed by more specific analysis for confirmation once a possible chemical has been identified. Wildlife forensic toxicology work in action at the Central Science Laboratory ‘Methods are available for analysis of according to the internationally rapidly acting poisons are detected in dozens of different pesticides, from accepted principles of Good Laboratory the stomach or when there is severe concentrations of a few parts per Practice. The work is as much a test of bleeding from anti-coagulant billion to 100%. forensic skill as analytical skill, with poisoning. However, the interpretation emphasis on keeping detailed records of low concentrations of pesticides is ‘The emphasis is on unequivocal and establishing, through chain of extremely difficult and often identification of pesticides to provide custody records, that the correct confounded by factors such as evidence that will stand up in sample has been analysed. degradation (many carcases are not subsequent legal proceedings. In found until some time after death and some cases a number of different ‘Even when a poison is detected, this are in a less than ideal condition).’ approaches are needed to achieve does not necessarily mean that this level of certainty. poisoning was the cause of death. It is Ainsley Jones can be contacted at CSL relatively easy to attribute death to on 01904 462451, e-mail ‘All our toxicology work is conducted poisoning when large amounts of [email protected].

9 ACTION FOR BIODIVERSITY ACTION FOR

WLO Tony Barnes from Sussex Police describes an incident relating to bats.

‘An offence relating to bats came to Bat caution light in Sussex when a builder went to a local wildlife sanctuary with 11 brown long-eared bats in a bucket in May 2002. These had been found in the roof of an old house undergoing renovation. One of the bats had a in Sussex broken wing and one died shortly after being brought in. 1990s. The local parish council had were both cautioned for these raised the presence of a bat roost with offences. This investigation ‘In conjunction with English Nature the local planning authority during the raised several issues in relation and local bat workers, I carried out a planning application stage. No to planning matters. lengthy investigation into alleged provisions had been made to protect offences under the Wildlife and the bats and English Nature had not ‘I feel that local planning authorities Countryside Act 1981 and the Habitats been consulted. could do more to highlight such Regulations 1994. issues to prospective applicants. As a ‘In November 2002, the house owner result, Sussex Police has produced a ‘A site visit by the police and bat and his building contractor attended flyer for the local authority to highlight workers established that the house Crawley Police Station and admitted wildlife issues and responsibilities, had a bat roost. The house had first several offences relating to bats. In together with contact numbers been surveyed for bats in the early line with Home Office guidelines they for advice.’ First water vole prosecution

Sgt Mark Barrett, Wiltshire Police WLO, The first outlines the first successful prosecution successful for destruction of water vole habitat. prosecution for destruction ‘Landowner Charles Butcher from Stert, of water vole near Devizes, appeared at Kennet habitat Magistrates’ Court on 19 November resulted in a 2002 and was fined £750 with £150 fine for costs after he pleaded guilty to Wiltshire recklessly destroying a stream bank R Wilmshurst (rspb-images.com) landowner containing water vole burrows.

‘In March 2001, an adjoining landowner noticed work being done, and challenged Butcher about its legality. Butcher said he had permission from the Environment Agency (EA) to carry out the work. The EA confirmed that they had given Butcher permission, but Countryside Act. Mark Satinet, Way Act 2000 ‘reckless’ amendment to under strict caveats that protected the a water vole expert, was commissioned the Wildlife and Countryside Act 1981. water voles living there. Butcher had to survey the stream for signs of the The defence made great play of the fact informed them that he was prepared to animals – he had undertaken the that it was not illegal to shoot a water abide by their conditions, but a visit by original survey in 1998. He showed vole, obviously to try to trivialise the the EA showed that the work was in that water voles were present until offence. There is scope to press for breach of them. the work was carried out and the even greater protection for these loss of the colony was entirely due animals. I would like to thank the EA, ‘Wiltshire Police, English Nature and to Butcher’s work. English Nature, Mark Satinet and Roger the EA decided that the Wiltshire Police Joliffe from Avon & Somerset would prosecute Butcher for an offence ‘This prosecution was only possible Constabulary for their invaluable under Section 9(4)(a) of the Wildlife and due to the Countryside and Rights of assistance in this prosecution.’

10 INTERNATIONAL INTERNATIONAL INTERNAT Duncan Orr-Ewing (RSPB) German Treat you red kite like China On 29 July 2001, Huang Huaqiu was sentenced to death, postponed for two years, for smuggling 44 live ‘breeder’ saker falcons into China in September 2000. Wang Yuhua and Zhang Ying were both sentenced to life imprisonment for their part in is jailed the incident. One of the 13 young red kites flown to Scotland for release. Two former policemen at the airport, Zuo Xiguang and Fen A German bird of prey keeper has relating to the possession and sale of Jianghong, were sentenced to 15 been jailed for three years, and an wild birds. Andreas Janichen received and 13 years’ imprisonment associate given two years probation, two years probation, a 45,000 euros respectively, and both were following a case that resulted in red fine and was ordered to pay 45,000 fined US$5,890. kites being flown to Scotland for euros costs. The case continues release into the wild. against two other keepers. Also under investigation is the CITES licensing Poached As reported in Legal Eagle 30, authority in Saxony which authorised German authorities seized 68 birds the issuing of 155 Article 10 eggs from four bird of prey keepers during Certificates to the suspects including an operation in 2001 following some for a pair of red kites that were In 2002, the Spanish Environmental intelligence passed to them by the claimed to have produced 13 young Police Department of the Guardia RSPB through the Eurogroup Against in one year! Civil confiscated 114 avocet eggs Bird Crime (EABC) network. The birds taken from nests in the Coto included 15 red kites, 22 goshawks, The 13 young kites were flown to the Doñana National Park. The eggs are seven peregrines and a golden eagle. UK by the RSPB in July 2001 and a delicacy and were stolen for food, At Dresden Court, Wolfgang Weidner released in Scotland as part of the not for an egg collection. was jailed for three years, fined project to restore this magnificent 45,000 euros and ordered to pay species to the British landscape. The poacher faces fines of up to 45,000 euros costs for charges 6,000 euros (about £4,000). Jerez Zoo incubated 92 of the seized eggs and the 69 that hatched were released back in the park. Spain was a stronghold for avocets, but they are now declining due to Austria referred to habitat change. Gibraltar Court of Justice WLO The European Commission has The Commission considers that The Royal Gibraltar Police has referred Austria to the Court of Justice Lower Austria grants far too many appointed Andrew Fortuna as for allowing the killing of birds of derogations for the shooting of birds Wildlife Liaison Officer. He is an prey in the state of Lower Austria, in of prey, and without respecting the experienced member of the breach of the Wild Birds Directive. strict conditions laid down in the Gibraltar Ornithological and Natural Lower Austria has adapted its Directive. It also questions the History Society (GONHS). legislation to bring it into line with the effectiveness of such shooting. Directive. It still, however, allows Austria has not demonstrated that shooting of buzzards, rough-legged there is no other satisfactory solution, buzzards, marsh harriers and which is a condition that must goshawks to protect species such as be met before a derogation the pheasant and grey partridge. can be justified.

11 Don’t count Second Welsh your chickens Andy McWilliam from WLO conference Merseyside Police proves that a WLO’s life is never dull with this The second Welsh Wildlife and P Cairns (rspb-images.com) true story. Environmental Crime Conference was held in Cardiff on 18–19 Lady on telephone: ‘I’m November 2002. reporting the neglect of a bird of prey. It’s a big one tied to an Chris Townend from the RSPB spoke ‘oop in a garden. It’s just left about the work of the South Wales there. It keeps falling pregnant Peregrine Watch Group to protect and the babies are dying.’ peregrines from persecution. Sgt Ian Andy: ‘What do you mean?’ Guildford from South Wales Police Lady: ‘I look out of my windows reported on two pigeon racers who and the little babies are dead on had been convicted of attempting to the grass.’ poison peregrines. Rachael Samuel Andy: ‘Describe them.’ from the Welsh Assembly outlined Lady: ‘Little yellow fluffy babies.’ how the level of peregrine poisoning Andy (politely): ‘In my reported to the Wildlife Incident experience, most of the birds I Investigation Scheme had increased. have come across lay eggs and then incubate them for a few Inspector Nevin Hunter from Devon weeks and then they hatch.’ Peregrine poisoning featured and Cornwall Constabulary spoke Lady: ‘Oh no love, not this one!’ prominently in the second Welsh about how the PAW Marine Working Wildlife and Environmental Crime Group is researching best practice Conference held in Cardiff. from abroad to protect marine Write to be read animals such as cetaceans. Nicola on badgers, great crested newts, Donlon from the Welsh Assembly plant crime, illegal tree felling and We welcome contributions to spoke on the integration of the damage caused by off-road vehicles. Legal Eagle. Please let us know protection of European Protected The guest after-dinner speaker, TV about wildlife crime initiatives, Species with the planning system. presenter Howie Watkins, treated news, events and prosecutions Iwan Hughes from the Countryside delegates to his repertoire of ape in your force. Send your Council for Wales outlined their social calls, and Chief Constable articles to the Editor, Joan policy for SSSI protection of Richard Brunstrom gamely rose to Childs, RSPB Investigations persuasion, education and the challenge of a display of Officer, by e-mail to negotiation over prosecution. primate superiority! [email protected] or by The conference also included talks fax on 01767 691052. The views expressed in Legal Eagle are not necessarily those of the Forensic poster available RSPB. Please also help us keep The PAW DNA and Forensic Working colour, 64 x 48 cm, and priced at £25 the WLO contact list up to date Group has produced a poster including postage and packaging. To by letting Rosemary Venner outlining the use of forensic methods purchase a poster please contact know of any changes. in the investigation of wildlife crime. Rosemary Venner in the RSPB The posters are laminated, full- Investigations Section.

The RSPB, UK Headquarters, The Lodge, Sandy, Bedfordshire SG19 2DL. Tel: 01767 680551 Northern Ireland Headquarters, Belvoir Park Forest, Belfast BT8 7AT. Tel: 028 9049 1547 The RSPB works for a healthy environment rich in birds and wildlife. It depends on the support and Scotland Headquarters, 25 Ravelston Terrace, generosity of others to make a difference. It works Edinburgh EH4 3TP. Tel: 0131 311 6500 with bird and habitat conservation organisations in South Wales Office, Sutherland House, Castlebridge, a global partnership called BirdLife International. Cowbridge Road East, Cardiff CF11 9AB. Tel: 029 2035 3000

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