New laws in Scotlandand Northern Ireland

UK HeadquartersThe Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551

Scotland Headquarters2 Lochside View, Edinburgh Park, Edinburgh EH12 9DH Tel: 0131 317 4100

The RSPB speaks out for birds and wildlife, tacklingthe problems that threaten our environment. Natureis amazing – help us keep it that way.

We belong to BirdLife International, the globalpartnership of bird conservation organisations.

The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Walesno. 207076, Scotland no. SC037654. 232-0621-10-11

Northern Ireland HeadquartersBelvoir Park Forest, Belfast BT8 7QTTel: 028 9049 1547

Wales HeadquartersSutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000

The RSPB

JUNE 2011 No 64

Scottish Parliament and Northern Ireland Assembly takegiant step in the battle against wildlife crime. Vicariousliability introduced to Scotland to help protect birds of prey.

LEGAL EAGLETHE RSPB’S INVESTIGATIONS NEWSLETTER

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For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw. Visit www.rspb.org.uk/supporting/campaigns/laws to demand better wildlife laws.

www.rspb.org.uk

AND FINALLY…

We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events andprosecutions in your force. Send your articles and mailing list updates to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by e-mail to vicki.blair@rspb.org.uk or by fax to 01767 693078. The viewsexpressed in Legal Eagle are not necessarily those of the RSPB or PAW.

Write to be read

PAW is The Partnership for Action Against Wildlife Crime,a multi-agency body comprising representatives of theorganisations involved in wildlife law enforcement in the UK. It provides opportunities for statutory and Non-Government Organisations to work together to combat wildlife crime. Its main objective is to promote the enforcement of wildlife conservation legislation, particularly through supporting the networks of

Police Wildlife Crime Officers and officers from HM Revenueand Customs and the UK Border Agency.

Please visit www.defra.gov.uk/paw for more information.

IN THIS ISSUE: Prosecution successful in three “hunting with dogs” cases •Animal fight enthusiasts jailed • Restorative justice used in wildlife case • Falcontrader’s sentence cut • Fox dies in drag snare • Tortoise trader’s profits seized

PAW

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Sarah Lowe

Sarah Lowe became the RSPBIntelligence Manager in 2008 followingprevious work with the Society andDevon and Cornwall Police.

In January 2010, Sarah took up a postwith Surrey Police as an IntelligenceResearcher. During a very busy periodwith RSPB Investigations Sarah wasinstrumental in improving thecollation of information and supply ofintelligence material to the police,NWCU and RSPCA. Sarah was heavilyinvolved in producing the new formatfor the RSPB annual Birdcrime reportand further database developments.The RSPB investigations team wouldlike to thank Sarah for her hard work,enthusiasm and good humour, andwishes her well in her new post.

Our new Intelligence Officer is HelenMason. She started working with us inmid-May.

Helen comes to us from RugeleyPower Ltd where she was the Head of the Environmental Section, andprior to that she worked with the West Midlands Fire Service where she gained experience of handling,analysing and presenting intelligence material.

Welcome on board, Helen!

New RSPB Data Intelligence

Manager, Helen Mason

Goodbye Sarah, hello Helen

New laws in Scotland and Northern Ireland(continued from front page)

These changes should should help protect white-tailedeagles in Scotland. The main measures of the Wildlife and Natural Environment (Scotland) Bill include:

● a new criminal vicarious liability offence to ensure thatthose who direct or turn a blind eye to bird persecutioncan be held to account

● improvements to enable Scotland to lead the way inadopting internationally-recognised approaches todealing with invasive non-native species

● changes to deer management and provision forcompetence amongst deer stalkers.

The new measures reform ancient game laws (includingthe abolition of outdated game licences); impose a newclose season for hares; introduce compulsory training forsnare operators; and snares must be tagged so they can be linked to the person who set them.

There are new laws to control invasive non-native species, too. Scottish Natural Heritage (SNH) has improved intervention where deer are not being properlymanaged and are causing damage to the environment, and there are changes to muirburn regulations. Muirburn is the controlled burning of vegetation, such as heather and grass, on Scottish moorland.

Scottish Environment Minister Roseanna Cunningham said: “We have taken a huge step forward in the prevention of wildlife crime by introducing a criminalvicarious liability offence. This will provide a deterrent for those who think they can get away with allowing the deliberate poisoning of some of our most iconic birds of prey, a practice that has been a blight on ournation for too long.”

Bob Elliott, RSPB Scotland’s Head of Investigations, said:“We welcome the new provisions, but stress that they must be fully implemented in order to become a deterrent

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to those intent on killing our rare and iconic species.Similar measures should be introduced elsewhere in theUK to help stamp out bird of prey persecution everywhere.”

The Bill was passed unanimously by Parliament on 2 March 2011 and is expected to become law later in 2011.Visit www.scottish.parliament.uk/s3/bills/52-WildNatEnv/index.htm for more details.

Almost simultaneously, the Wildlife and NaturalEnvironment (Northern Ireland) Bill was passing its finalstage. Some of the key measures include:

● a new biodiversity duty on all public bodies to “furtherthe conservation of biodiversity”, linked to a regularlyreviewed biodiversity strategy

● protection for curlews, which cannot now be shot(curlews are facing massive declines in NorthernIreland), and additional protection for lapwings,redshanks and whinchats

● the introduction of a new schedule to protect the nests of certain birds that re-use their nests each year, including red kites

● the introduction of “reckless” offences that damage ordisturb protected wildlife or wildlife sites, or to “causeor permit” illegal incidents

● a new offence to make it illegal to possess wildlife taken illegally elsewhere in Europe

● a new offence to make it illegal to possess pesticideswith no lawful reason for using it. This will help stopillegal poisoning of wildlife, including birds of prey

● improved protection for the best wildlife sites: the Areasof Special Scientific Interest (ASSIs), including offencesfor third parties who damage ASSIs or disturb speciesusing them, and the potential for managementagreements on land outside ASSIs where it is needed to make sure the ASSI obtains favourable condition

● increased powers of enforcement for constables andwildlife inspectors.

Environment Minister Edwin Poots said: “Northern Irelandhas taken a giant step forward in protecting its wildlife andnatural environment. I am determined that wildlife crimeshould not be tolerated. That is why this Bill gives theenforcement authorities new powers and sanctions againstperpetrators of wildlife crime. The most serious andpersistent offenders will now go to jail.”

Anne-Marie McDevitt, Conservation Manager for the RSPB,said: “This is a great step forward for improving theprotection of Northern Ireland’s wildlife. We hope thatmaking it illegal to possess pesticides with no lawfulreason will help stop illegal poisoning of birds of prey.”

Ms McDevitt also welcomed the increased powers ofenforcement for constables and wildlife inspectors, andtougher sentencing. She said: “We hope that this newlegislation sends out a clear message to offenders thatwildlife crime in any form will not be tolerated. Themeasures in this Bill ensure that those who break the lawwill face the full consequences of their actions.”

The bill has gone forward for Royal Assent. For furtherdetails see www.northernireland.gov.uk/index/media-centre/news-departments/news-doe/news-doe-010311-minister-welcomes-new.htm

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Gamekeeper caught red-handed with poisoned baitA gamekeeper “caught red-handed”has been convicted of laying a poisonedrabbit bait on an open hillside. Theman, formerly employed on theLeadhills Estate in South Lanarkshire,used the banned pesticide carbofuranto prepare the bait.

Gamekeeper Lewis Whitham, now ofSkipton, North Yorkshire, appeared atLanark Sheriff Court on 17 November2010, and pled guilty to placing apoisoned bait, contrary to Section 5 1 (a) of the Wildlife and CountrysideAct. He was fined £800.

The court heard that on 8 April 2009,Whitham was witnessed by an officerof OneKind (formerly known asAdvocates for Animals) driving a quadbike on Braid Hill, on the LeadhillsEstate. The officer saw Whitham stopthe bike and take a dead rabbit off the back. The rabbit was staked to theground and coated with “a significantquantity” of a granular compound.

The OneKind officer phoned theScottish Society for the Prevention of Cruelty to Animals (SSPCA).

Poisoned rabbit laid as bait on the Leadhills Estate

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Their representative went to the scene and met two police officers who,coincidentally, were on their way tothe Leadhills Estate regarding anothermatter. The officers noted that the deadrabbit, which was staked down to theground, was covered in a granularsubstance, which was later confirmedas the banned pesticide carbofuran.The SSPCA and police immediatelyvisited the gamekeeper, LewisWhitham, at his house to make sureevidence was secured swiftly.

During the trial Mr Whitham said he was targeting crows, but fullyaccepted what he did was wrong. He regretted what he did and stated he was trying to “impress hisemployer.” Mr Whitham was dismissedfrom his employment at Leadhills.

In summing up Sheriff Stewart stated: “Gamekeepers have specialresponsibilities to the environment”and said that what Whitham had donewas “contrary to all standardsexpected.” He added: “It is verychallenging for law enforcers todiscover a breach of the legislation.”

Declining curlews can no longer be shotin Northern Ireland

The case was widely reported in themedia and Area Procurator Fiscal TomDysart, who leads the Crown Officeand Procurator Fiscal Service (COPFS)on wildlife crime, stated: “LewisWhitham was caught red-handedstaking a poison-filled rabbit carcassto the ground on a country estate. Thisbait would prove attractive to a varietyof carrion-eating birds, including birdsof prey which are protected by law.Whitham says he was targeting crowsbut any bird or animal ingesting thispoison would have died.

“Carbofuran is a banned pesticide andanyone caught using it indiscriminatelywill be dealt with robustly.

“COPFS takes crimes against wildlifeand the environment seriously andanyone involved in harming Scotland’srich natural heritage in this wayshould expect to face prosecution.”

SSPCA has asked us to pass on theirthanks to: the Procurator FiscalService, OneKind, RSPB, Science andAdvice for Scottish Agriculture and theNational Wildlife Crime Unit.

Goshawks cannot be bought or sold without Article 10 Certificates

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The conviction of a gamekeeper in Herefordshire forwildlife poisoning offences led to the discovery that his boss was running a cannabis factory.

In Legal Eagle 62, we reported on the conviction ofgamekeeper Ben Walker in connection with poisoning on the Sufton Estate, Herefordshire. During theinvestigation, the body of a poisoned buzzard was found in an outbuilding used by his employer, headgamekeeper Mark Rigby.

It was not possible to be certain who was responsible for the death of this bird.

However, when a securely-locked adjacent outbuilding was accessed by Police and RSPB investigators, a largecannabis cultivation operation was discovered.

At Worcester Crown Court on 24 November 2010, MarkRigby pleaded guilty to four counts of producing andpossessing a Class B drug with intent to sell and wasimprisoned for two years concurrent.

Head gamekeeper Mark Rigby was convicted forthe cultivation of cannabis

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A familiar figure in the falconry worldand founder of the InternationalFalconry Forum website has beenconvicted of offences relating togoshawks. Wildlife Crime Officer (WCO)PC Chris Smoothy from the Devon andCornwall Constabulary reports.

“On 5 November 2010, following a trialat Torquay Magistrates, Paul Hill ofDairy Lane, Ivybridge, Devon wasfound guilty of three offences: failingto register a goshawk (contrary toSection 7 Wildlife and Countryside Act 1981) and two trade offences(Regulation 8 of Control of Trade inEndangered Species (Enforcement)Regulations 1997). He was acquitted on

Hunt hounded Only three prosecutions for illegally hunting with dogsunder the Hunting Act 2004 have been successful.Leicestershire WCO Neil Hughes reports on the latest case.

“On 12 January 2011, Derek Hopkins of Welham Road, GreatBowden, and Kevin Allen of Nether Green, Great Bowdenwere found guilty for offences of illegal hunting with dogsunder Section 1 of the Hunting Act 2004 and interferingwith a badger sett under Section 3 of the Protection ofBadgers Act 1992. Both defendants had pleaded not guiltyat Market Harborough Magistrates Court.

On 27 January 2010, members of the Fernie (fox) Hunt, ledby Huntsman Derek Hopkins and based at Great Bowdennear Market Harborough, met near to Stonton Wyville inLeicestershire. Throughout the day, members of the LeagueAgainst Cruel Sports (LACS) monitored the activities andtook videos of the hunt that were later used as evidence bythe police. Several times the hunt was seen to be on thetrail of a fox. The fox went to ground in a badger sett, andAllen sent a terrier into the sett, to encourage the fox tobolt. The hounds were then put back onto the fox. The fox isbelieved to have got away from the hounds.

The defendants claimed at court they were trail hunting(allowed under the Act) and that the badger sett was not an active sett under the Act. But in his summing up, theMagistrate made it clear that he did not believe anythingthat they or their experts had said. Hopkins was fined £600for interfering with the badger sett and £250 for illegalhunting with dogs, and ordered to pay costs of £1,250, with a £15 surcharge. Allen was fined £400 for the badgeroffence and £250 for illegal hunting, and ordered to pay£900 costs with a £15 surcharge.

The success of the prosecution is due to the evidence-gathering and presentation by fox and hunting expertProfessor Steve Harris of Bristol University, and local

badger expert Dr Pam Mynott, as well as the expertise ofthe LACS personnel. Dianna Cotterell of Leicester CPSshould also be congratulated for her efforts.

The two men have since lodged an appeal against theirconvictions.”

Pyle of troubleA falconer forfeited two goshawks andwas fined for buying birds withoutnecessary documentation.

Following an investigation by theNorthumbria Police, falconer Harry

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Fernie huntsmen found guilty

two similar matters. On 9 December2010, he was sentenced to acommunity order of 300 hours unpaidwork within the next 12 months andordered to pay £5,580 costs.

The enquiry started when it wassuspected Hill had sold a juvenilefemale goshawk to another falconerfrom Cornwall for £1,200 cash withoutthe Article 10 Certificate required bylaw. On 6 August 2009, a warrantunder the Wildlife and Countryside Actwas executed at Hill’s former addressin Torquay, with assistance from AlanRoberts of the National Wildlife CrimeUnit (NWCU), two vets and Defra’sAnimal Health representatives.

Pyle of Batt House Road, Hexhamappeared at Hexham Magistrates Court on 6 January 2011. He pleadedguilty to buying two goshawks in 2009 without the necessary Article 10Certificates being in force, contrary

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Well-known falconer convictedA film crew from the BBC televisionprogramme Animal 24:7 arrived at thesite, but was not allowed to enter.

Several goshawks, of varying ages, were found, and some wereunregistered. Blood samples weretaken from some birds to check theirprovenance. After further informationwas gathered, another warrant wasexecuted at an address in Kingsbridge.At first, no goshawks were found here.However, in a mews occupied by aneagle owl, a number of moultedgoshawk feathers were noted on the floor. After the occupier wasquestioned further, we were taken to another nearby address where anadult female goshawk was retrieved.

A blood sample was taken from thisbird and subsequent DNA profilingconfirmed that this was the mother of the goshawk originally sold by Hillwithout the Article 10 Certificate. It was later established that Hill hadborrowed the adult female goshawkfor a breeding project. An agreementhad been made stipulating that if anyoffspring were produced, the owner of the female parent was entitled to athird of any monies. Hill later failed todeclare selling the offspring for £1,200.

Hill made no comment wheninterviewed and charged with anumber of offences. Following hisconviction, Hill launched an appeal,which is scheduled at PlymouthCrown Court in July 2011.

This was a complicated enquiry and I would like to express my thanksto Nevin Hunter head of complianceand his team at Defra’s Animal Health,Alan Roberts NWCU, Dr RossMcEwing, Tools and Resources forApplied Conservation andEnforcement (TRACE) Wildlife ForensicNetwork, and the two local vets.”

to Regulation 8 of the Control of Trade in Endangered Species(Enforcement) Regulations 1997. He was fined £500 with £120 costs.Both birds were forfeited.

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Jeffrey Lendrum, who was jailed for30 months after attempting tosmuggle 14 peregrine eggs to theMiddle East, has had his sentence cutto 18 months following a hearing atthe appeal court on 1 February 2011.

Lendrum, of Towcester,Northamptonshire, took the eggsfrom peregrine nests in south Walesand was caught by police in May 2010at Birmingham Airport with the eggsstrapped to his chest, on his way toDubai. A cleaner grew suspiciouswhen he discovered discarded eggboxes and an egg in some showerfacilities at the airport. Lendrum wassentenced to jail at WolverhamptonCrown Court in August last year (seeLegal Eagle 62).

Peter Co

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smuggling peregrine eggs

Appeal court judge Sir ChristopherHolland said the original sentence was “excessive”. He said Lendrum had hoped to trade the eggs for up to £70,000 in overseas markets. The judge added that the eggs were “happily still in good order”when recovered. Eleven peregrines hatched from the eggs weresuccessfully returned to the wildfollowing co-operation between a local falconer and the RSPB.

The RSPB is disappointed with theappeal court judge’s ruling andbelieves that the reduced sentencewill not act as a deterrent to othercriminals intent on profiting frominternational wildlife smuggling.

Raptor dealer uses “breeding programme”cover to evade import banA West Midlands bird dealer has been convicted afterattempting to evade import restrictions. The restrictions are designed to protect the EU against the transmission ofhighly pathogenic diseases such as avian flu. NWCU officerAndy McWilliam reports:

“In April 2009, bird dealer Brynn McDonagh, 26, from West Heath, applied to the Animal Health Agency (AHA) for import permits for 22 birds of prey from South Africa,including a Wahlberg’s eagle, African hawk eagles and jackal buzzards.

McDonagh indicated that the birds were being imported for“breeding programmes” to improve his stock’s bloodlines.Import permits were subsequently issued by AHA and 20 ofthe birds were imported into the UK on 3 September 2010.

The EU banned commercial imports of birds in 2007following concerns over the transmission of avian diseases.

Following the import, we identified a number of adverts that had been placed by McDonagh on several tradewebsites between April and November 2009, offering thebirds for sale, but one advert had been placed a month priorto his original application to import the birds. It appearedthat the birds had always been intended for trade and werenot part of a breeding programme.

In January 2010, West Midlands Police, NWCU, AHA and UKBA executed a search warrant at his home address. Officersseized seven birds, including a Wahlberg’s eagle and anAfrican hawk eagle. McDonagh was arrested and interviewed.

From seized documentation we traced birds in Scotland,Cambridgeshire and Holland and established evidence ofillegal sales. The UK Border Agency (UKBA) placed detentionnotices on the identified birds. McDonagh declined todisclose the whereabouts of three of the birds. McDonagh’soutlay was around £4,500 and, had everything gone to plan,he would have made £26,500 from selling the birds.

McDonagh pleaded guilty to one import offence underSection 170(2) of the Customs and Excise Management Act (CEMA) 1979 and five further offences of sale andoffering for sale illegally imported CITES Annex B birdsunder the Control of Trade in Endangered Species (COTES)regulations 1997.

McDonagh was sentenced at Birmingham Crown Court on 22November 2010 to 10 months’ imprisonment suspended fortwo years, ordered to undertake 150 hours’ unpaid work andpay £1,000 costs. All the seized birds have been forfeited.

NWCU would like to thank PC Mark Cooper of WestMidlands Police for his efforts in this case.”

RSPB comment: Regulation (EC) 318/2007 bans the importof most live birds into the EU for trade. However, it allowsimports for certain purposes, including for “conservationprogrammes approved by the competent authority of themember state of destination”. This case raises a number of serious questions about how this import ban isregulated, including how a dealer was allowed to evadeimport restrictions when no such genuine conservationprogramme apparently existed.

McDonagh with African hawk eagle - one of 20 birds illegally imported from South Africa

Falcon smuggler has sentence cut

Suspended sentence for tortoise traderA man has been convicted after trading tortoises illegallyand for fraudulently altering an Article 10 sales licence.Andy McWilliam of the NWCU reports.

“On 22 October 2010, the owner of Carlisle Tortoises, RobertStruthers, 36, pleaded guilty at Carlisle Crown Court to fiveoffences of prohibited sale of Annex A tortoises, contrary tothe Control in Trade in Endangered Species (Enforcement)Regulations 1997 (COTES), and one offence contrary to the Fraud Act 2006. He was sentenced to 24 weeksimprisonment suspended for two years, ordered tocomplete 250 hours unpaid work, pay £1,200 costs, and he forfeited 11 marginated and spur-thighed tortoises.

Struthers traded in tortoises, mainly via his website. The enquiry started following complaints from customers.When a buyer of two marginated tortoises complained theyhad not received Article 10 Certificates, they received twoinvalid certificates, with the holder’s details cut out. Acustomer who had purchased two spur-thighed tortoisesreceived invalid certificates for a different species. Anothercustomer bought nine tortoises, but only three were coveredby valid certificates.

In September 2009, I went with Cumbria Police and AnimalHealth Inspectors to execute a search warrant at Struthers’home and a business address. He was arrested and laterbailed as enquiries continued. While on bail, Strutherscontacted a customer and attempted to recover six Annex Atortoises and replace them with Horsefields which fall intoAnnex B, and so do not require certificates.

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He was later charged with eight COTES offences, thoughtwo charges relating to multiple sales of 87 tortoises werediscontinued. He was also charged with a fraud offence,which related to two A10 certificates that had been altered.

In passing sentence, His Honour Peter Hughes QC toldStruthers that his offences were serious and had crossedthe custody threshold, stating: “It is accepted that you were dealing in captive bred tortoises, but if they were wild taken you could have expected a substantial term ofimprisonment.” He also commented he did not considerthese technical offences as a failure to comply with thecertification encouraged illegal trade and prevented theauthorities knowing the origins of a specimen.

I would like to thank Cumbria Constabulary WCO PC JohnShaw for his assistance with this enquiry.”

One of the marginated tortoisesillegally sold by Struthers

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Tortoises kept by Johnson

Illegally trading in wildlife may just have become lesslucrative, because a method for reclaiming profits fromcrime has, for the first time, been applied to wildlife offences.

A man previously jailed for illegally dealing in tortoises hasreceived an order under the Proceeds of Crime Act 2002(POCA). This is believed to be the first such order relating to awildlife crime. It means that any future assets can be seized,

POCA Order for tortoise traderbreaks new ground

until income from his crime has been handed over. Andy McWilliam of the NWCU reports.

“Legal Eagle 59 reported on the case involving DavidJohnson. He was sentenced to eight months imprisonmentfor trading in tortoises contrary to Control in Trade inEndangered Species (Enforcement) Regulations 1997. At the request of NWCU, North Wales Police undertook aPOCA enquiry to try to recover £13,995. This amount wasraised by the illegal sales to which Johnson pleaded guilty.Unfortunately, no current assets were traced so the moneycould not be claimed.

However, the POCA order has been pursued and on 16 November 2010, Johnson appeared at Shrewsbury Crown Court. An order for a nominal amount of £1 (not to be collected) was made. Although the full amount could not be recovered, this order is now in force for life. So, if assetsbecome available, it would allow further action to recover theoutstanding amount.

This process offers another opportunity to tackle thoseprofiting from illegal trading in wildlife and hopefully thistype of approach will be utilised more widely in the future. I am particularly grateful to Alan Pierce of the North WalesPolice for his efforts in progressing this matter.”

A 21-year-old man received a custodialsentence after the court witnessed six minutes of brutal CCTV footageshowing him kicking and stamping abird to death. WCO PC Rachel Kruegerfrom Merseyside Police reports.

Jail for gull killer

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White recorded on CCTV kickinga herring gull to death

“On 25 August 2010, Adam JamesWhite, 21 years, of Bedford Place,Liverpool, pleaded guilty at LiverpoolMagistrates' Court to a charge ofintentionally killing a herring gullcontrary to Section 1 of the Wildlife

and Countryside Act 1981. He received a 20-week jail sentence.

At around 5.30 am on 17 July 2010,White was seen on Citywatch CCTVacting in a rowdy manner with otheryouths. At one point, a juvenileherring gull landed close to the group.White ran at the bird, then kicked andstunned the bird. He then spentapproximately six minutes kicking it, stamping on it, throwing it into the air and drop kicking it.

He was originally charged with apublic order offence, but I chased up the enquiry and he was chargedwith intentionally killing the bird and causing unnecessary suffering.

I attended the hearing to assist theCrown Prosecution Service (CPS) andensured the court were able to viewthe CCTV footage that had beenrecorded.”

Fox dies in illegal drag snareA fox endured “serious suffering” before eventually dying,when caught in an illegal trap set by a gamekeeper.

On 14 April 2010, inspectors from Scottish SPCA (SSPCA)Special Investigations Unit (SIU) received anonymousinformation: a fox was caught in a snare, and other foxesnearby appeared to have been left to die in snares inwoodland near Kirriemuir in Scotland. The following day, an inspector from the SIU met with police from Kirriemuir.

Using the powers under Section 19 of the Wildlife andCountryside Act 1981, the inspector and police officerssearched the wooded area. They found a dead fox. It wastrapped in a wire snare that had been secured by a singlefencing staple to a log about 75 cm long.

Snares are regularly used for fox control in Scotland andthe use of snares is subject to conditions outlined in theWildlife and Countryside Act 1981, Section 11 and TheSnares (Scotland) Order 2010. Lengths of braided wire canbe constructed to form a running noose attached to a fixedpoint. The snare that had been used on this occasion wasnot fixed to a secure point. Instead, it had been attached to a short piece of wood, making what is commonly knownas a “drag” snare.

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The dead fox found in an illegal drag snare

The use of drag snares was made unlawful on 11 March2010 by The Snares (Scotland) Order 2010, section 5. A person who sets a snare in position must either stake it to the ground, or attach it to an object in a manner that will prevent the snare being dragged by an animalcaught in it.

Officers noted the snare appeared to have been set as part of a larger line of snares, and had caught the fox which then had dragged the snare, and the log, a shortdistance (about 30 m) before becoming entangled in a root of a tree. Unable to escape the snare, the fox hadeventually died. It was concluded that the fox would haveendured serious suffering before death.

A gamekeeper was later interviewed and charged withvarious offences including: failing to inspect a snare, settingin position or otherwise using snares where an animalcaught would be likely to become fully of partiallysuspended, failing to release or remove an animal from asnare and by omission caused a fox unnecessary suffering.

The gamekeeper received a Fiscal warning.

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Trade in wild birds, including goldfinches, is illegal, and captive-bred birds can only be traded with correct documentation

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Two men were sent to prison after the success of Operation Seal, a jointaction between Northumbria Policeand the RSPCA. The case involvedhorrendous footage of animal fights.

Former WCO Andy Swinburne wholed the case takes up the story:

“On Wednesday 16 February 2011, at South East NorthumberlandMagistrates' Court, Wayne Lumsden,23, from Lynemouth, Northumberland,was sentenced to 26 weeks'imprisonment after pleading guilty at an earlier hearing to the offence ofkilling a badger under the Badgers Act 1992. He also pleaded guilty to twoaccounts of causing an animal fightunder Section 8 of the Animal WelfareAct 2006, which deals with cock fightingand the baiting of dogs with a cat.Lumsden was also disqualified fromkeeping animals for 15 years.

Connor Patterson, 23, from Whitfieldnear Hexham, Northumberland, wassentenced to 20 weeks' imprisonmentwith a ban for keeping animals for eightyears. Patterson, a former traineegamekeeper with a diploma in gamemanagement, pleaded guilty to twocounts of causing an animal to fight.This involved two cases where foxes

were attacked while either snared ortrapped in a metal cage with a dog.

In March 2009, Wayne Lumsden’s mobilephone was seized and examined for anunrelated enquiry. Eight video clips ofhorrendous fights and texts fromLumsden bragging about killing abadger were discovered. During thebadger killing, Lumsden’s dog, a Patterdale terrier named Brock, was injured. There was evidence ofLumsden’s interest in cock fighting and of selling spurs, and images ofPatterson kneeling by a snared fox. It was identified as the attacked animal.

During searches of both men’s homes,clothing similar to that worn in videoclips was seized. Homemaderecordings of TV documentaries about badger baiting, the RSPCASpecial Operations Unit andundercover work in Lancashire and Eirewas found. A third address in Blyth,Northumberland, was searched.

When arrested, Patterson admittedtravelling to Lumsden’s home, andgoing with Lumsden and his dog, andother men, to where the acts againstthe fox took place. He acknowledgedhis former training and his awarenessof the law, but claimed he had failed to

Operation Seals the fate of animal fight enthusiasts

act or walk away. Two other men latermade the same admissions.

In December 2009, the RSPCA issued summons. After long legaldiscussions, Lumsden and Pattersonentered guilty pleas in 2011. The thirdmale was cautioned for a Larsen trapoffence and surrendered a lurcher dog seized at Blyth, which had takenpart in the badger baiting. The casewas brought despite no actual crimescene or precise location of eventsbeing confirmed.

This complex and prolonged operationcovered all Northumberland. It proveshow far people such as Lumsden andPatterson are prepared to travel to gainpleasure through animal suffering. Theyshowed no regard or respect for animalssubjected to horrendous acts, or indeedtheir own dogs’ welfare.

I wish to thank the RSPCA for theirassistance in this investigation,especially Inspector Trevor Walker, andfor the RSPCA Case Management Unitfor agreeing to prosecute the case.”

On appeal, the sentences were reducedto 21 weeks for Lumsden and 16 weeksfor Patterson, in recognition of theirguilty pleas.

A District Judge has warned that bird breeders whoexchange or sell birds with a “no questions asked” attitudecould face heavy penalties or even a prison sentence.

The warning by district judge Philip Browning came afterhe found Cambridgeshire bird breeder Edward Easter guiltyof 13 wild bird charges and ordered him to pay almost£20,000 in fines and court costs.

On 24 February 2011, Easter, of Hollycroft Road, Emneth,was convicted at King’s Lynn Magistrates’ Court of 13charges under the Wildlife & Countryside Act 1981 relatingto the possession of wild birds and possession with theintent to sell. The species involved included red-backedshrike, goldfinch, nightingale, skylark, wagtail, stonechatand garden warbler.

Sentencing Easter, judge Browning said: “It’s illegal to tradein wild birds and it needs to be understood by breeders thatto do this carries heavy penalties or even a prison sentence.I hope the message has been made clear that thoseengaging in the exchanging and selling of birds with no questions asked do so at their peril.”

Judge Browning said Easter was an able bird breeder,highly respected in the bird breeding world and had noevidence to suggest he had taken birds or eggs from the wild. But he said Easter’s method of telling wild andcaptive birds apart by their behaviour and plumage was“not conclusive”.

Easter admitted during the four-day trial that he did nothave documentary evidence to prove his birds were captive.

Judge Browning said: “You were well aware of thelegislation following a caution for not providingdocumentary evidence when selling three wild robins in2005. I find it remarkable that even after this caution, youcontinued not to comply with the requirements.”

Easter was fined a total of £9,750 (£750 for each offence)and ordered to pay £10,000 in costs. The court also orderedEaster to forfeit all of the birds subject to the charges, aswell as their subsequent offspring.

Bird keepers warned: “Youmust have documents”

RSPCA Special Operations Unit Inspector, Cliff Harrison,comments:

“This was an important case as it dealt with manyspecies not commonly kept by bird keepers. The Wildlifeand Countryside Act 1981 originally only allowed 19species of wild bird (as listed on Schedule 3) to be sold ifcorrectly ringed and bred in captivity. These birds couldonly be fitted with British Bird Council or InternationalOrnithological Association rings which are traceable.Additionally, the person applying for the rings had tofurnish details of the parent birds, as a further safeguard.

After much pressure from aviculture lobbyists, the thenDepartment of the Environment relented and in the 1990sallowed many other species to be sold. A general licenceallowing the sale of certain species was created, whichrequires that the bird is correctly ringed, defines the ring(which does not have to be traceable), and requires thatdocumentary evidence of captive breeding accompaniesany sale or exchange, negating the need to furnishdetails of parent birds to the ring supplier.

What was so obvious in this case was that the defendantand apparently many others who sell or exchange non-Schedule 3 birds completely ignore the terms of thegeneral licence permitting the sale of these birds. In thiscase it was very apparent that this was a deliberatechoice on the part of the defendant, who had alreadyaccepted a written caution in 2005 for failing to supplythe necessary paperwork when selling a pair of robins.

It is of real concern to the RSPCA that many summervisitors such as nightingales, redstarts, and warblers aretargeted in the nest. A nestling can be “correctly” ringedand passed off as captive-bred. Although there was noevidence that the defendant was engaged in this activityhimself, there was no proof as to where the birds, or theparent birds, had come from.

There is a very clear message here: if a bird keeperchooses to possess a protected bird then he must ensure that he can show lawful possession. The court did not accept the explanation ‘no-one bothers withdocumentary evidence’ as an acceptable excuse. Thelegislation is clear as to what is required and is there toprotect wild birds.”

The terms and conditions of the general licence can bedownloaded atwww.naturalengland.org.uk/Images/wml-gl18_tcm6-24166.pdf

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The announcement was made byMinister Richard Benyon at the annualPartnership for Action against WildlifeCrime (PAW) seminar held at Kew in March.

Although the future of the NWCU issecured for the immediate future, howthe unit will sit within the structures ofthe new arrangements for UK policingremains to be seen.

At the same venue, the NWCUconfirmed what its wildlife crimepriorities would be for 2011-2012. The priorities are badger persecution,bat persecution, CITES (with a focuson ivory, tortoises and traditionalmedicines), freshwater pearl mussels,poaching (with a focus on deerpoaching/coursing, fish poaching andhare coursing), and raptor persecution(with a focus on hen harrier, goshawk,golden eagle, white-tailed eagle, redkite and now peregrine).

The RSPB is pleased that theperegrine has been added to theraptor priorities following recent

The National Wildlife Crime Unit (NWCU) has guaranteed funding for a further two years,thanks to a committment from the Home Office.

NWCU priority: peregrines

Dr Ross McEwing (right) receivesthe PAW Partner of the YearAward from Tom Huggon,Browne Jacobson solicitors.

A study funded by the Department for Environment, Foodand Rural Affairs (Defra) has shown that almost 70% of ducksshot in England are illegally shot with lead ammunition.

Out of 492 ducks bought from game dealers, supermarketsand butchers, 344 contained lead ammunition. This figure issimilar to that found in 2002 in a study, showingcompliance with the law has not improved over the lasteight years. A survey of shooters indicated that most

Lead rains down...understood the law, but nearly half (45%) admitted tobreaking it. The main reasons given for breaking the lawwere that there was only a small chance of being caught,disbelief lead is a problem, as well as the lack of availabilityand cost of lead-free ammunition.

The failure to enforce legislation and protect wildfowl inwetlands from lead poisoning would be a big enoughconcern in itself. But recent evidence has suggested thatlead poisoning is a problem away from wetlands, where awider range of species can suffer from lead poisoning. Thisincludes birds of prey that ingest lead shot (or even bulletfragments) when feeding on shot and non-retrieved game.Of course, it’s not just birds of prey that eat game shot withlead ammunition – people do, too. Fragments of leadammunition left in food are not necessarily removed by thestandard butchering process, and potentially dangerouslead levels can be found in food for human consumption.

The Government has established a Lead AmmunitionGroup, which includes representatives of shooting bodies,ammunition manufacturers, conservation and welfaregroups, to look at all the new evidence and recommend a sensible response. This group will include the poorcompliance with existing lead regulations in theirdiscussions and is due to report to Ministers in 2011.

See www.leadammunitiongroup.co.uk for information.

A new report by SNH confirms what decades of research hasshown – that illegal persecution is the main factor limitinghen harrier populations, especially on land managed fordriven grouse shooting.

This is hardly an earth-shattering conclusion for anyone withany knowledge of birds of prey in the UK. But now that thisincontrovertible fact has been accepted by the ScottishGovernment’s environmental advisers and published by theJoint Nature Conservation Committee (JNCC), it becomesincumbent for decision-makers to take the necessary actionto address the persecution.

Professor Des Thompson, SNH policy and advice manager,said: “This report identifies persecution as a chronic andmajor problem hitting hen harriers hard across the country.This report must feed into the strenuous efforts that are beingtaken to resolve the hen harrier grouse moor conflict, such as the Langholm Moor Demonstration Project, the NaturalEngland-led Environment Council harrier project and variousactivities under the Partnership for Action Against WildlifeCrime (PAW).”

Stuart Housden, Director RSPB Scotland, commented: “This report serves as a wake-up call to the grouse-shootingindustry, builds on the best and most comprehensive

Where harriers fear to fly

scientific evidence available, and confirms the huge gaps inthe distribution of hen harriers that are now apparent tomany ornithologists. It reveals the true impact of thesystematic and illegal persecution routinely associated withthe industry, which is having severe consequences for thespecies’ fortunes in Scotland, and pushing it close toextinction in England. This should serve as the final chancefor the industry to get its house in order. The question is: aregrouse managers prepared to accept the serious challengebefore them and take firm and demonstrable action to stampout this criminal activity? More fine words and letters ofdenial are not the answer. A significant recovery of henharriers on grouse estates is.”

The recently-published results of the 2010 national surveyreinforce the importance of tackling illegal persecution, withthe UK hen harrier population having declined by 20% sincethe last survey in 2004. Declines were most rapid in Scotland,while England’s population continues to barely stave offextinction. Without strong, concerted effort to tackle illegalpersecution across the UK, there is little hope of reversingthese worrying trends.

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Illegal killing is the main factorlimiting hen harrier populations

A new report from the Northern England RaptorForum (NERF) shows that illegal killing of birds ofprey remains a major problem for a range of speciesacross the north of England. Populations of birdssuch as peregrines, hen harriers and red kites aresuppressed by illegal killing, primarily on landmanaged for driven grouse shooting.

Golden eagles may be an iconic bird of Scotland, buthistorically they bred across much of northern England. The NERF report concludes that unless the spectre ofpersecution in the Scottish borders and the north ofEngland is removed, they are likely to remain extinct as anesting bird in England. Just one golden eagle was seen innorthern England during 2009. Golden eagles appear eachyear in the forests of Northumberland, but for the first timein three decades they were absent. At the same time,persecution in the south-east of Scotland is limitingpopulation growth there and preventing re-colonisation of northern England.

NERF was created in 2006 to monitor the fortunes of theregion’s birds of prey. Chairman Paul Irving said: “With its

iconic landscapes, northernEngland is enormouslypopular with tourists.However, our monitoringshows that the skies abovesome of our most importantlandscapes are largelydevoid of the birds of prey that have hunted these areas for thousandsof years.

“The situation with the hen harrier population continues tocause grave concern. Its failure to expand into eminentlysuitable habitat found throughout the northern uplands isnow widely attributed to persecution as a result of theperceived conflict with grouse moor management. Thissituation is absolutely intolerable and NERF calls on theauthorities to use all of their powers to reverse the situation”.

Copies of the report can be obtained for £12 includingpostage from Steve Downing, viathrostlebower@hotmail.com.

Northern England still a hotbed for persecution

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evidence showing that peregrinepersecution is leading to populationlevel impacts on grouse moors.

NWCU Intelligence requirements areCITES Annex A & B orchids, CITESTimber (with a focus on Ramin), finchtrapping, illegal taking of wild birdeggs, illegal trade in raptors, illegaltrade in parrots, and introduction ofnon-native species.

Trade in European eels has been removed as an intelligencerequirement. This issue will becontinued to be addressed in anintelligence-led and proactive mannerby the CITES Management Authority.

The winners of PAW Partner of theYear Award, sponsored by BrowneJacobson solicitors, went to theTRACE Wildlife Forensic Network. The award is given annually to theperson or individual who has madethe greatest contribution to theobjectives of the PAW partnership in the preceding year.

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New specialist prosecutors for Scotland

Carol Lodge (Herts & Middx WildlifeTrust), Sgt Bartlett, PC Grigg andVince Hughes, Mears Construction

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The prosecution of wildlife and environmental crime in Scotland is to be boosted by a team of full-timeprosecutors who have been specially appointed to handlewildlife and environmental crime.

The Solicitor General Frank Mulholland QC announced theplans on 23 February 2011. About 100 wildlife andenvironmental crimes are referred to Crown Office andProcurator Fiscal Service (COPFS) each year, and inSeptember 2004, COPFS set up a national network ofspecialist wildlife prosecutors to tackle wildlife crime inScotland. They carry out this work alongside their duties as general prosecutors. These prosecutors will be replacedby a new dedicated team.

The three-strong specialist team will investigate, mark andprosecute all cases involving crimes against wildlife andthe environment in Scotland. Their remit will include animalcruelty cases.

The team will be managed by Tom Dysart, Area ProcuratorFiscal for Ayrshire, who leads COPFS on wildlife crime. Itwill be supported by Alex Prentice QC, Assistant PrincipalAdvocate Depute, who was appointed Crown Counsel forwildlife cases in February 2010. He will present the Crowncase in any criminal appeals, working together to shareknowledge and experience of cases.

The Solicitor General, Frank Mulholland, QC, said: “COPFSis committed to tackling crimes against Scotland’s preciouswildlife and environment. Our network of wildlife and

environmental prosecutors has already demonstrated the benefits of having specialists deal with this complexarea of law.

“We are now appointing a team of three full-time specialists,who will continue to develop the skills and knowledgerequired to deal with these cases. Crimes against our wildlifeand environment are important as they affect the environmentin which we live, and the legacy we leave to futuregenerations. We are aware that serious and organisedcrime groups may be becoming involved in environmentalcrime. The new team of prosecutors will work closely withCOPFS civil recovery and criminal confiscation specialists.

“I am confident the new team will further enhance theworking relationships we already have with investigatingagencies, including the police and wildlife organisations.”

Tom Dysart said: “Environmental and wildlife crimes areserious offences which blight our landscape and naturalheritage. Environmental crime has the potential to affectpublic health. The COPFS network of specialist prosecutorshas now been in place for several years and hascontributed to more effective investigation and prosecutionof environmental and wildlife crime.

“Scotland’s prosecutors are committed to providing apowerful and effective deterrent to those who commit crimesagainst wildlife and the environment. We are determined toensure that COPFS plays its part in ensuring that Scotland’srich and diverse natural heritage is protected.”

Scottish Police Wildlife Crime ConferenceThe 18th Scottish Police Wildlife CrimeConference, organised by JoeConnelly of Strathclyde Police, washeld at the Scottish Police College at Tulliallan on Wednesday 23 February 2011.

The conference was open to anyonewith an interest in wildlife crime. Awide range of interested parties wasrepresented, including landowners,conservationists, gamekeepers andenforcement groups.

The conference was chaired by ACCGordon Sampson of Central ScotlandPolice, and packed with more than 200delegates. There were presentations ona variety of topics including new seallegislation (Ian Walker, MarineScotland), the use of snares (DaveMacKinnon, WCO Grampian Police),environmental law (Sherriff KevinDrummond), updates from the NationalWildlife Crime Unit (Charlie Everitt,Investigative Support Officer), and theCrown Office (Tom Dysart, ProcuratorFiscal lead for Wildlife andEnvironmental Crime). PC Sam Briggsof Strathclyde Police presented a casestudy about a successful prosecutionconcerning the degradation of a Site ofSpecial Scientific Interest.

During the afternoon sessions,delegates listened to presentationsfrom those who had received fundingfrom the Partnership for Wildlife CrimeScotland (PAWS).

Claire Buchanan from RSPB Scotlandoutlined the “eyes to the skies” projectwhere funding has allowed satellitetracking of red kites to assist with lawenforcement and educational work.

Ian Hutchinson (Operation Meles), ACC Sampson, ChiefConstable Richard Compton and Insp Brian Stuart

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Restorative justice deal used for wildlife crimeRestorative Justice Conferencing(RJC) has been used after a sparrows’nest was destroyed. The case,involving the Welwyn Garden CityNeighbourhood Team, was one of thefirst wildlife cases to use RJC.

In June 2010, two contractorsemployed by Welwyn HatfieldBorough Council were replacing roofslates. As they worked, they removeda sparrow’s nest, without realising itwas illegal.

Howlands PC Mike Grigg and RuralWildlife and Environmental CrimesOfficer Sergeant Jamie Bartlett workedwith the Herts and Middlesex WildlifeTrust on RJC. It meant that thecontractors would not have to go tocourt or have a criminal record.

PC Mike Grigg said: “In exchange,they agreed to put up three birdhouses and a sparrow terrace and payfor their staff to be trained by theWildlife Trust about the law aroundbirds and nesting.”

Sergeant Jamie Bartlett commented:“Many companies are unaware of thelaw in relation to wildlife and so itwas more appropriate, in this case, todeal with it educationally, rather thangiving the company a criminal record.We hope that the lessons they havelearnt will encourage other companiesto make sure they don’t carry outbuilding works where there are nests.”

A spokesperson from the WelwynHatfield Community Housing Trustsaid: “It is often extremely difficult to

detect where there are nesting birds inroofs as there may be no outwardsigns. However, in the few caseswhere we have found nesting birds,immediate action has been taken tostop the works. Training has also nowbeen carried out with both our teamand our contractors’ teams to helpavoid future problems.”

Animal Health’s Wildlife Licensing andRegistration Service (WLRS) hasstopped handing out pre-issuedArticle 10 Certificates (also known assemi-completed certificates) underthe Convention on International Tradein Endangered Species (CITES).

CITES certificates withdrawnThe change, effective from 19 January,is due to increasing evidence of non-compliance associated with thesecertificates. Any pre-issued certificatesalready issued remain valid and maybe used in accordance with thecurrent conditions.

On 1 April 2011, Animal Health and theVeterinary Laboratories Agency (VLA)merged to create the Animal Healthand Veterinary Laboratories Agency(AHVLA). The new executive agency ofDefra will continue to regulate thetrade in species protected by CITES.

Other presentations included:preventing deer poaching (AlanKennedy, Morvern Deer ManagementGroup); wildlife DNA (Lucy Webster,SASA); and the developments withhuman DNA typing from baits andcarcasses (Jim Govan, University ofStrathclyde).

A lively and informative day concluded with a talk “the interactionof research and wildlife crime” by theGame and Wildlife Conservation Trustand “Operation Meles” from IanHutchison of Scottish Badgers (seearticle on page 16).

Operation Meles aids Scotland’s badgersThe fight against badger persecutionis moving forward as Ian Huthison,Species Protection Officer for ScottishBadgers, talks about the operation:

“Like any other type of criminalinvestigation, we need robustintelligence to indicate trends in types of offences and to identifypossible perpetrators who targetbadgers. Operation Meles hashighlighted the need for a consistentresponse when members of the public report incidents, so theoperation is working towards

a standard operating procedurewhenever a potential crime is reported.

After only two years, far more badgerincidents are being reported throughthe new recording system than wereinitially anticipated. The information isstored and analysed at the NationalWildlife Crime Unit.

The initial targets are badger baitersand sett diggers, although all aspectsof badger persecution fall within theremit of the operation and all manner

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Triumph and tragedyfor white-tailed eaglesFor the first time in almost a century,a pair of white-tailed eagles bred onthe Danish island of Funen, buttragically the birds were found dead atthe end of June 2010. The local branchof BirdLife in Denmark (DOF) put up anest platform at the end of 2009, butthe nestling and the adult male diedafter feeding on a poisoned bait.

Prior to 1850, white-tailed eagles wererelatively common in Denmark with anestimated 50 breeding pairs. After1850, raptors faced intense

NEWS

A trader and fraudster has been jailedafter Officials of the CustomsInvestigations Office in Frankfurtinvestigated a significant case ofillegal trafficking of wild birds of preyin Rhineland Pfalz, a mid-westernprovince of Germany.

The focus of the investigation wasKlaus-Dieter Stretz (Klaus S.) a falconerand owner of a pet shop in Pirmasens.For years, the shop was used tolaunder rarities stolen from the wild.

Between 2001 and 2007, Klaus S.illegally imported large quantities ofstrictly-protected vultures, eagles,hawks, falcons, kites, harriers and owlsinto Germany. These were retailedthrough a company called “BirdParadise” and sold internationally.

For years, he received the legally-required permits from Pirmasens’ cityadministration, where he registeredillegally-held animals as offspring bredby him. Despite strict protection laws,the authority did not verify the claimsof the self-announced raptor breeder.His fraud only came to light after a tip-off sparked an investigation byFrankfurter custom officials.

As Klaus S. later admitted, he hadnever bred eagles or vultures himself,but got the majority of the birds from

of incidents of badger persecution arebeing reported and then recorded. It is hoped the operation will collectsufficient reliable information toidentify trends and individuals whocan, with the help of other partners,be targeted, detected and prosecuted.

However, we should be quite clearthat badgers are not an endangeredspecies and killing them is not aconservation matter, even though thelevels of cruelty inflicted on thebadgers and the dogs pitted againstthem is horrendous.”

German raptor trader goesfrom sale to jail

dubious colleagues in Austria andBelgium. Most of the birds wereunregistered and unringed. As soon asnew feathered “goods” arrived inPirmasens, they were registeredwith the city administration assuccesses from his ownbreeding farm. Even whenBird Paradise registeredinternationally-threatenedspecies such aslesser-spottedeagles, blackvultures, or redkites as self-bred,the local authoritycontinued providing all thenecessary papers for the sale of thebirds. Simple checks would haveeasily established that Klaus S. did notown any parent birds.

Criminal proceedings were also broughtagainst the Pirmasens city administrationstaff responsible for issuing falsecertificates and for poor regulation ofthe pet shop. On 13 November 2008,the head of the City Planning Officehad to withdraw 157 certificates issuedby its employees in recent years.

The German Federal Agency forNature Conservation has askedofficials to pay attention to birds withdocuments from Pirmasens duringcontrols and to initiate their own

persecution and white-tailed eagleswere eradicated from Denmark. The last Danish pair bred in 1911.Fortunately, the species returned to Denmark in 1995, when one pairbred successfully, and the number of breeding pairs in 2009 was ahealthy 28.

Members of DOF and concernedlocals have offered a €7,000 (morethan £6,000) reward for informationleading to a conviction. The birds werepoisoned with carbofuran. White-tailed eagle

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Black vulture - one of thespecies laundered by Stretz

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Mark Thomas, the new Wildlife Officer for Lancashire Constabulary

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A civilian has been appointed to the post of WCO, as part of Lancashire Constabulary’s review of its services.

Mark Thomas, 37, takes over from PC Duncan Thomas, whoheld the position for the past six years. Mark has workedfor the constabulary for 10 years, including working in acivilian role in the counter-terrorism unit. He will be basedat the force’s headquarters in Hutton.

A spokesman from the Lancashire Constabulary said:“There is a huge challenge for the constabulary to come

Civilian leads fight againstLancashire wildlife crime

through the next few years with a reduced budget whilestill delivering high quality policing services to ourcommunities. The role of wildlife officer is one post which is currently part of the review process.”

Mark Thomas said: “I come from a rural background offarming and game-keeping so wildlife issues have alwaysbeen close to my heart. I know that my new role will bequite a demanding challenge, but I think that it will be avery rewarding one. I am looking forward to working withfellow officers and the community to help fight wildlifecrime in Lancashire.”

action in future to prevent furtherabuse of the registry system.

On 15 November 2010, the Pirmasensdistrict court convicted Klaus S. ofillegal trade with highly-protected birdsof prey and of incitement to forgery.He was given a prison sentence of twoyears and four months and anadditional fine of €6,000 (about£5,250). The court considered it proventhat he had offended in 21 casesagainst the Federal Nature ProtectionAct and fraudulently obtained illegalcertificates for eagles, vultures, andother birds of prey in 144 cases fromthe relevant nature conservationauthority. The civil servant responsiblefor issuing false documents atPirmasens city administration wasconvicted of false certification in officeand received a suspended sentence ofone year and 10 months.

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Sardinia’s fight for bird lifeEx-WCO Steve Downing attended an anti-poaching campin Sardinia in November. The camp is organised bi-annuallyby Lega Italiana Protezione Uccelli (LIPU), our ItalianBirdLife Partner. Steve takes up the story.

“The trapping of thrushes, blackbirds and other smallerpasserines for the restaurant trade on the island of Sardiniais a very serious issue that is being tackled by LIPU. Thecamp, based in a large rented house several kilometresfrom Capoterra, is self-contained with the cooking andcleaning undertaken by volunteers.

Each day we divided into small groups and searched fortraps. On my first day we collected around 800 groundsnares and about 500 aerial snares from a single path. Thereare so many it is not practical to count each one so LIPUnow weigh the snares to calculate the numbers involved.

Once an active trapping path is located, the snares aredeactivated and covert cameras installed to film thetrappers resetting them.

From this path we recovered three dead robins, one greattit, one blackbird and six song thrushes. The dead birds

were photographed for evidential purposes. It was withgreat pleasure that we found and released three live songthrushes and a blackbird. We discovered two snares baitedwith dead robins and a great tit. These snares had beenspecifically set to catch wild cats, which the poachers see ascompetition. We found several snares set to catch wild boarand the endemic Sardinian deer, listed as vulnerable at aregional, national, European and global level.

The covert cameras are proving to be successful. On the daybefore I arrived, a father and son team were filmed in action.The film has passed to the Carabinieri for investigation.

Local restaurants sell kebabs known as Pillonis De Taccula,consisting of eight song thrushes, or seven song thrushesand a blackbird. The monetary cost is usually €60–80 (about£53–70). It is estimated that about 300,000 birds are snaredeach year and the annual turnover in this grizzly businesscould be worth in excess of €3 million (more than £2.5million) and so it is hardly surprising that the trappers aredetermined to continue their illegal activities.”

LIPU relies heavily on volunteers. You can find out moreinformation at www.lipu-uk.org

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New task force to crack down onillegal wildlife trade in South AsiaThe World Wildlife Fund (WWF) ishoping that a newly-launched wildlifetask force, the South Asia WildlifeEnforcement Network (SAWEN) willsignificantly reduce wildlife crime inthe region.

The task force was formed during ameeting in February 2011 in Bhutan.Representatives from eight SouthAsian countries met with the aim ofprotecting species across the regionfrom poaching and illegal trade. Thelaunch of SAWEN brought expertstogether from the governments ofSouth Asia member countries, theUnited States Department of State,inter-governmental organisations such as CITES (the Convention onInternational Trade in EndangeredSpecies) and INTERPOL, as well asorganisations such as WWF and

TRAFFIC. TRAFFIC is the wildlife trade monitoring network of theInternational Union for Conservationof Nature (IUCN) and WWF.

A recent study, based on data collectedby TRAFFIC, reports that illegal wildlifemarkets generate up to $10 billionannually and rank in the top five of themost valuable illicit markets globally.International criminal networks run vastoperations linking poachers toconsumers through complex systems.SAWEN will help the eight South Asiancountries – Bangladesh, Bhutan, India,the Maldives, Nepal, Pakistan, Sri Lankaand Afghanistan – tackle illegal wildlifetrade through organised and co-ordinated actions on a regional scale,linking authorities and officials andsharing good practices and resources.

The robin is just one of the songbirds frequently caught

Willow warbler caught in a net in Cyprus

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Shubash Lohani, WWF’s deputydirector of the Eastern Himalyas said:“SAWEN is a powerful signal thatSouth Asia is ramping up efforts tocombat poaching and illegal wildlifetrade in the region. Illegal wildlifetrade does not exist in a vacuum, andif it continues unabated we risk losingspecies like rhinos and tigers, leavingempty forests, jeopardising locallivelihoods, and affecting the delicatenatural balance that makes this cornerof our living planet so unique andirreplaceable.”

More information can be found at:www.benzinga.com/press-releases/11/02/p851930/wwf-and-traffic-task-force-launched-to-crack-down-on-illegal-wildlife-t#ixzz1HKa3uk7N

Illegal killing at British military base Around 1.4 million songbirds were trapped illegally inCyprus in autumn last year to provide the main ingredientfor a local delicacy: ambelopoulia.

Shockingly, the report by BirdLife Cyprus reveals that alarge proportion of these birds are trapped at Dhekelia – a UK Sovereign Base Area in the south-east of the island.

BirdLife Cyprus’s Martin Hellicar says the island has nowlost significant ground in the battle against bird trapping.He added: “The picture emerging from last autumn is one of a bird-trapping disaster not seen since we beganmonitoring almost 10 years ago.”

He added: “Bird trapping is an illegal, indiscriminatepractice that threatens many birds of conservation concern, especially migratory ones.”

Tim Stowe, the RSPB’s Director of International Operations,said: “The millions of Britons feeding songbirds in theirgardens to help them survive will rightly be horrified at thelevel of slaughter that is happening in an area of Cyprusunder direct British control.

“The fact that more than five times the level of nettingactivity was recorded on the UK’s Sovereign Base Areacompared with the Cypriot Republic is a majorembarrassment for the Ministry of Defence and the UKGovernment.

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“We know that some efforts have been made to cleartrapping equipment from the Base Area, but this seriousorganised criminal activity and annual carnage will only beended by increasing the level of arrests and convictions.”

Although trapping levels are thought to be lower thanthose experienced in the 1990s, the situation must beaddressed urgently. Trappers are reportedly makinghundreds of thousands of Euros by selling songbirds to restaurants to be served up as expensive delicacies.

New laws in Scotlandand Northern Ireland

UK HeadquartersThe Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551

Scotland Headquarters2 Lochside View, Edinburgh Park, Edinburgh EH12 9DH Tel: 0131 317 4100

The RSPB speaks out for birds and wildlife, tacklingthe problems that threaten our environment. Natureis amazing – help us keep it that way.

We belong to BirdLife International, the globalpartnership of bird conservation organisations.

The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Walesno. 207076, Scotland no. SC037654. 232-0621-10-11

Northern Ireland HeadquartersBelvoir Park Forest, Belfast BT8 7QTTel: 028 9049 1547

Wales HeadquartersSutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000

The RSPB

JUNE 2011 No 64

Scottish Parliament and Northern Ireland Assembly takegiant step in the battle against wildlife crime. Vicariousliability introduced to Scotland to help protect birds of prey.

LEGAL EAGLETHE RSPB’S INVESTIGATIONS NEWSLETTER

W L O

For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw. Visit www.rspb.org.uk/supporting/campaigns/laws to demand better wildlife laws.

www.rspb.org.uk

AND FINALLY…

We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events andprosecutions in your force. Send your articles and mailing list updates to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by e-mail to vicki.blair@rspb.org.uk or by fax to 01767 693078. The viewsexpressed in Legal Eagle are not necessarily those of the RSPB or PAW.

Write to be read

PAW is The Partnership for Action Against Wildlife Crime,a multi-agency body comprising representatives of theorganisations involved in wildlife law enforcement in the UK. It provides opportunities for statutory and Non-Government Organisations to work together to combat wildlife crime. Its main objective is to promote the enforcement of wildlife conservation legislation, particularly through supporting the networks of

Police Wildlife Crime Officers and officers from HM Revenueand Customs and the UK Border Agency.

Please visit www.defra.gov.uk/paw for more information.

IN THIS ISSUE: Prosecution successful in three “hunting with dogs” cases •Animal fight enthusiasts jailed • Restorative justice used in wildlife case • Falcontrader’s sentence cut • Fox dies in drag snare • Tortoise trader’s profits seized

PAW

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Sarah Lowe

Sarah Lowe became the RSPBIntelligence Manager in 2008 followingprevious work with the Society andDevon and Cornwall Police.

In January 2010, Sarah took up a postwith Surrey Police as an IntelligenceResearcher. During a very busy periodwith RSPB Investigations Sarah wasinstrumental in improving thecollation of information and supply ofintelligence material to the police,NWCU and RSPCA. Sarah was heavilyinvolved in producing the new formatfor the RSPB annual Birdcrime reportand further database developments.The RSPB investigations team wouldlike to thank Sarah for her hard work,enthusiasm and good humour, andwishes her well in her new post.

Our new Intelligence Officer is HelenMason. She started working with us inmid-May.

Helen comes to us from RugeleyPower Ltd where she was the Head of the Environmental Section, andprior to that she worked with the West Midlands Fire Service where she gained experience of handling,analysing and presenting intelligence material.

Welcome on board, Helen!

New RSPB Data Intelligence

Manager, Helen Mason

Goodbye Sarah, hello Helen