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Legal Eagle 88
The RSPB’s investigations newsletterSummer 2019, No 88
Legal Eagle
Where eagles dieIn this issue: Record fine for bat roost destruction • Hen harrier killed in trap • Golden eagles disappear
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Welcome to the summer issue of Legal Eagle, including a review of the biggest recent wildlife crime stories.
Changes to the legislation surrounding bat crime resulted in a hefty fine for one London developer who was ordered to pay £18,820 – the largest fine of its kind ever issued. Unlimited fines are now permitted for the destruction of bat roosts, which will hopefully cause developers to think twice before proceeding without the correct measures in place.
A gamekeeper who snared a badger at a stink pit in North Yorkshire was convicted in February, and a Sunderland man who posted online videos of his dog brutally killing foxes was jailed – see page 4.
But while a series of crimes against birds of prey were identified and investigated, there have been no resulting prosecutions. Two buzzards were shot in Northumberland and ravens were shot and poisoned in Wales, Cheshire and the Peak District.
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by Jenny Shelton, Legal Eagle Editor
Contents
Foreword
ProsecutionsRecord fine for bat roost destruction .........................................................................................................3Gamekeeper convicted over badger death ............................................................................................4Instagram post lands poacher in jail ..........................................................................................................4Another developer fined for bat roost destruction ..............................................................................5Parrot’s papers faked for sale .......................................................................................................................5
NewsRelentless persecution on Scottish grouse moor .................................................................................6Persecution is rife according to report ...................................................................................................... 7Hen harrier caught in a spring trap ............................................................................................................. 7Two more hen harriers vanish .......................................................................................................................8Two golden eagles “disappear” .....................................................................................................................8Buzzards shot in Northumberland ...............................................................................................................9Silent spring for ravens .....................................................................................................................................9 Marathon for harriers: Henry Morris interview .....................................................................................10Decoy use on grouse moor filmed ..............................................................................................................11Wildlife crime training day ..............................................................................................................................11New NPCC Wildlife Crime Lead ..................................................................................................................12The law is black and white .............................................................................................................................12Operation Silver Fin launched .....................................................................................................................13Tackling hare coursing .....................................................................................................................................13A year in the life: DC Shona MacKinnon ..................................................................................................14Operation Owl launch and training day ..................................................................................................15Hen harrier day...................................................................................................................................................15General licenses furore ...................................................................................................................................16ZSL fundraiser a success ...............................................................................................................................16Keeping wildlife undisturbed ........................................................................................................................ 17Raptor awareness day .................................................................................................................................... 17
InternationalBirdLife International launches Flight for Survival..............................................................................18Spain deals heavy blow to poisoners .......................................................................................................19Record seizure of pangolin scales ..............................................................................................................19Welcome to Robin ............................................................................................................................................20
Our cover story relates to the disappearance of Adam, one of two golden eagles who vanished from a Scottish grouse moor in April 2019. It’s one of a grim back-catalogue of incidents that is fuelling the RSPB’s call for better legislation on grouse moors. First a buzzard found caught in a crow cage trap on the notorious Leadhills estate. A man was filmed seemingly killing and removing the bird. Then a hen harrier was found alive, caught in a trap near a nest on the same estate. A scientific paper published in March found that 72% of satellite-tagged hen harriers were either killed, or likely to have been killed, between 2007 and 2017 on or near grouse moors. Sure enough, two more hen harriers disappeared in suspicious circumstances this spring, last seen over Scottish grouse moors. Time for change, and for licensing to be introduced?
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Record fine for bat roost destruction
Court outcome: On 5 April 2019, Landrose Developments was fined £18,820 at Brent Magistrates’ Court after pleading guilty to destroying the breeding site/resting place of a European Protected Species (EPS), namely the pipistrelle bat, contrary to Regulation 41 of The Conservation of Habitats and Species Regulations 2010.
Following the introduction in 2015 of unlimited fines in Magistrates’ courts, a London developer was ordered to pay more than £18,000 for failure to comply with bat conservation regulations.
The court heard how the company was involved in the demolition and redevelopment of a detached bungalow in Dennis Lane, Stanmore in October 2016. An ecological survey of the premises revealed the presence of pipistrelle bats within the property. This meant that the building could not be demolished without a European Protected Species License (EPSL) and appropriate mitigation in place.
The owner was informed that the property couldn’t be demolished without an EPSL or appropriate mitigation and that to destroy a roost constitutes an offence under the Conservation of Habitats and Species Regulations.
Despite being aware that there were two bats at the location, the property was demolished, under the authority of Landrose
Developments, in October 2016 without any measures in place to protect the bats.
The Police were alerted to the demolition of the property in July 2017 and an investigation was initiated by the Metropolitan Police’s Wildlife Crime Unit and Harrow’s designated Wildlife Crime Officer.
The development company was charged with destroying a bat roost on 12 September 2018. DC Garry Redshaw, who led the investigation, said: “All 18 UK species of bats are European Protected Species (EPS) and are protected under the Conservation of Habitats and Species Regulations. This makes it an offence to capture, injure, kill or disturb them, or destroy their breeding site or resting place. The development company was clearly aware of the bats existence but proceeded nonetheless.”
DC Sarah Bailey from the Met’s Wildlife Crime Unit added: “Although this is only the second ever MPS (Metropolitan Police Service) case of its kind, sadly bat roosts are destroyed every year and go unreported to the police.
I would urge anyone who is aware of this criminality taking place, to report it.”
The Bat Conservation Trust assisted the police with this investigation. They reported that prior to this case, the highest fine ever imposed for a single charge of destroying a bat roost was £5,000. The removal of the statutory maximum fine limit of £5,000 made this higher fine possible.
All bat species, including the pipistrelle are European Protected Species.
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“Although this is only the second ever MPS (Metropolitan Police Service) case of its kind, sadly bat roosts are destroyed every year and go unreported to the police. I would urge anyone who is aware of this criminality taking place, to report it.”
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Gamekeeper convicted over badger death
Court outcomeOn 26 February 2019, at Skipton Magistrates’ Court, Austin Hawke, aged 51 of Ling Park, Ilkley, West Yorks was found guilty of failure to inspect a snare set for a wild animal every day, contrary to Section 11(3) of the Wildlife and Countryside Act 1981. He was given a conditional discharge and ordered to pay costs of £625 to the CPS, plus a £20 victim surcharge.
There were two snares set on each trail (eight snares in total). The dead badger was still in situ, caught in one of the snares, and had clearly been there for some time as it had badly decomposed. The flattening of the heather around the dead badger indicated that it had been trying to free itself.
Police Sergeant Stuart Grainger spoke with the farm’s Estate Manager who informed him that the Head Gamekeeper responsible for managing the area where the dead badger was found was Austin Hawke.
Hawke was interviewed under caution at Harrogate Police Station on 25 October 2018. He admitted that he was responsible for managing the area of Denton Moor and the stink pit in question. Hawke admitted that he had placed and set the snares in the area and that he would normally check them on a regular basis (every 24 hours). He
A gamekeeper was found guilty of a wildlife offence after a badger was found dead in a trap in North Yorkshire.
North Yorkshire Police recovered the remains of a badger which had been caught in a snare by a “stink pit” on Denton Farm, North Yorkshire in May 2018.
On 29 May, a member of the public reported the finding and officers attended the next day. Stink pits are a collection of animal carcasses whose smell is designed to lure target species. The area was fenced in with entry points on four sides and four separate “trods” (or trails) which led to the pit in the centre.
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Dead badger in an illegal snare.
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Caught out by social media.
said he was trying to catch foxes, which could then be dispatched.
Hawke admitted that one of the snares, all of which belonged to him, had caught a badger which had died as a result. He said he was unaware of this until the police visited on 30 May.
Hawke stated that on 30 March 2018 he had layed all the snares flat on the ground off the trails and put them in the undergrowth so they would not catch anything and that the snares were then no longer in use.
Hawke was later convicted in court for failing to inspect the snares. Sergeant Kev Kelly, of North Yorkshire Police’s Rural Task Force, said: “This case was reported by a member of the public who was aware of our proactive work under Operation Owl.”
Court outcomeArron Crighton, 21, from Wearside, Sunderland pleaded guilty at South Tyneside Magistrates’ Court to causing unnecessary suffering to an animal and hunting a wild mammal with a dog, contrary to the Animal Welfare Act 2006 and Hunting Act 2004. He was sentenced to 18 weeks in prison, banned from owning any animal for 10 years and disqualified from driving for 12 months.
Instagram post lands poacher in jail
Northumbria Police were alerted to a series of photographs and videos on Instagram, posted by Arron Crighton. They showed a whippet brutally killing wild foxes, and
injuries to both the dog and fox. Wildlife Crime Officer Peter Baker said: “I obtained a warrant and searched Crighton’s home address. From this, I recovered a mobile phone. I discovered saved on the phone a large amount of shocking photos and videos showing the attacks and subsequent injuries of the animals. This included footage of a dog fighting with a fox and a person appearing to hold the fox down with their foot.”
When asked why he’d initiated the illegal activity, Crighton responded “for sport”. He claimed that if one dog was injured by the fox, he would “put another dog on.”
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Another developer fined for bat roost destruction
Parrot’s papers faked for sale
Court outcome: On 4 April 2019, Matthew Reynolds, 29, of Milbrook Street, Gloucester appeared at Cheltenham Magistrates Court. He pleaded guilty to two charges relating to the sale of an African grey parrot, contrary to Regulations 8 and 4 of The Control of Trade in Endangered Species (Enforcement) Regulations 1997. He received a six-month curfew order and was ordered to pay £85 costs and an £85 surcharge.
In September 2017, Matthew Reynolds sold an African Grey parrot for £350, but failed to provide the required certificate.
The African grey parrot is a highly popular cage bird. Unfortunately, this has led to wild populations being decimated by the bird trade. As a result, on 4 February 2017 it was uplisted to Appendix I of CITES (and Annex A of the EU Trade Regulations) to give it the maximum level of protection. Any commercial use now requires an Article 10
certificate from the Animal Plant and Health Agency (APHA).The new owner of the bird contacted Reynolds requesting that he send the appropriate Article 10, and in November 2017 Reynolds sent one.
However, when the certificate was examined it was found that the ring number on the certificate was not the same ring that was currently on the parrot. It was also noted that the certificate showed the bird to be older than Reynolds had originally claimed.
The matter was reported to the APHA who confirmed that the certificate was false, and the certificate number related to another parrot bred by another breeder. The ring number on the certificate was also fake.
As a result of further enquiries by Gloucestershire Police and the National Wildlife Crime Unit (NWCU), on 14 February 2018 Reynolds was arrested and his home searched.
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A man who sold a parrot with a false certificate has been fined and given a curfew. Ian Guildford of the NWCU reports.
At interview, Reynolds admitted selling the parrot, but said he had supplied the wrong paperwork. When shown the false Article 10 certificate he admitted it was fraudulent, but stated that he hadn’t fraudulently altered it but that it had been given to him by another person. He was unable to supply any details of that person.
The NWCU would like to thank T/DC Jonathan Eaton of the Gloucestershire Police and Jonathan
Richards and colleagues in the CPS for their
excellent work.
Court outcome: On 6 February, 2019 Piara Singh Sehajpal pleaded guilty at Haywards Heath Magistrates Court, London to two charges of destroying bat roosts. The first related to the destruction of a brown long-eared bat roost and the second a common pipistrelle roost. He was fined £500 on each charge plus a £50 victim surcharge and £85 costs.
Brown long-eared bat.
Piara Singh Sehajpal pleaded guilty at the first opportunity and was fined a total of £1,000.
Although initial surveys confirmed the presence of the roosts, no emergence surveys were undertaken and the buildings hosting the roosts were demolished.
The Bat Conservation Trust assisted Thames Valley Police in what is thought to be the first case of bat crime investigated by this force that has ever been prosecuted.
African grey parrot
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One Scottish grouse moor appears more times than any other in the RSPB’s database of confirmed raptor persecution incidents: the Leadhills Estate in South Lanarkshire.
Two incidents were identified here over recent months. On 10 January 2019, RSPB investigations officers discovered a crow cage trap on the estate containing a live carrion crow and a buzzard. They fixed a camera on the trap and returned four days later to retrieve it.
The footage showed that the buzzard remained in the trap until after dark on 11 January when the headlights of a vehicle appeared. A person wearing a head torch could then be seen entering the trap where it appears they killed the buzzard and took it away with them. At dawn on 12 January the trap contained only the
Relentless persecution on Scottish grouse moor
crow. Inspection of the footage also showed the trap operator committed further offences by failing to check the trap over two separate 24 hour periods.
Crow cage traps can be used legally to control corvids, but the RSPB has long documented how their use has been abused on shooting estates to trap and kill birds of prey.
On 11 May, a male hen harrier was found alive, caught in a spring trap that had been illegally set at an active nest on the same estate. The bird was taken to a rehabilitators, but was sadly unable to recover from its leg injury.
The shocking back-catalogue of illegal raptor persecution activity on this estate over the past 20 years includes the poisoning of 24 raptors and the recovery of 18
Further incidents have been uncovered on an estate that is notorious for wildlife crime.
poison baits, the destruction of goshawk and hen harrier nests, the suspicious disappearance of three satellite-tagged hen harriers and the confirmed shooting of 19 birds of prey.
Recent incidents include the recovery of a shot buzzard in 2018 (a bird which was also found to have an injury from a previous shooting which it managed to survive).
A short-eared owl was also recovered in 2017, which was confirmed to have been shot and was seen being stuffed into a ditch. A man was also observed shooting a female hen harrier in 2017 and then hurriedly leaving the scene.
Police investigations were conducted but no-one was charged for any of these offences.
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A buzzard in a crow cage trap.
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They had been searching a grouse moor for Rannoch, a satellite-tagged female hen harrier, whose tag data was showing the bird to be stationary and dead. Signals led them to the body of a dead hen harrier. It was Rannoch with her left leg caught in a spring trap.
Rannoch was tagged in a nest in Perthshire in 2017. She stayed relatively local during her first winter then flew north in spring 2018 to the Highlands. In August she moved south back to Perthshire.
We lost contact with her tag after 10 November and as time went on we assumed it was likely she had died. The next data from the tag, in January 2019, confirmed this, but snowy conditions hindered search efforts and she wasn’t located. The tag started transmitting again in April and the bird was finally found on 10 May.
The incident was reported to the police and the bird was submitted for a post mortem. The report confirmed that the spring trap was the cause of death and highlighted the significant unnecessary suffering Rannoch would have experienced as she died.
Hen harrier caught in a spring trap
Rannoch died in a spring trap.
Persecution is rife according to report
The paper, entitled Patterns of satellite tagged hen harrier disappearances suggest widespread illegal killing on British grouse moors, was the culmination of a 10-year study of 58 satellite-tagged hen harriers, using data from Natural England and the RSPB.
It revealed that 72% of the satellite-tagged hen harriers were either killed, or were likely to have been killed, on or near grouse moors during the study period
from 2007–2017. It also concluded that the likelihood of a hen harrier dying or disappearing was 10 times higher on a grouse moor than any other land use.
It also stated that elevated levels of hen harrier mortality on grouse moors was most likely as a result of illegal killing. Gareth Cunningham, RSPB Head of Nature Policy, said: “It’s clear from this study, and other supporting
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evidence, that self-regulation from within the driven grouse shooting industry has failed to stop illegal and damaging practices. Illegal persecution must stop and, in our view, it’s time for a fresh approach.”
The RSPB is calling for licensing of driven grouse moors, and an urgent independent enquiry into grouse moor management as has been issued in Scotland.
RSPB investigations officers made a shocking discovery in Perthshire in May 2019.
A female hen harrier.
A scientific article in Nature Communications published in March 2019 provides compelling evidence that the illegal killing of hen harriers is widespread on England’s grouse moors.
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Their last location fixes on 18th April 2019 came from an estate in the Glenalmond area of Perthshire. The circumstances strongly suggest that both eagles are dead, and their tags have been destroyed.
In 2017 the Scottish Government published a review of the fates of satellite-tagged golden eagles. It revealed that: “the persecution of young eagles is suppressing the golden eagle population in the central and eastern Highlands, and hampering overall recovery from historic, widespread persecution.”
It also found that, of the 131 young eagles tracked over 12 years, a third (41) have disappeared – and presumably died – under suspicious circumstances.
Adam, one of the golden eagles who vanished
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Marci being tagged last summer.
Two more hen harriers “vanish”News emerged in May this year that Scottish hen harriers Skylar and Marci were missing in suspicious circumstances.
News emerged in May this year that Scottish hen harriers Skylar and Marci had disappeared in suspicious circumstances.
Skylar hatched from a nest in Argyll in 2017. She had been roosting overnight in an area of rough grassland fringing a grouse moor for several days before her tag abruptly stopped working on 7 February 2019. A hen harrier and short-eared owl were shot and killed in 2017 on a grouse moor a few miles away from Skylar’s last known location. Another tagged hen harrier, Annie, was found shot nearby in April 2015 and two other tagged hen harriers vanished in the area, one in June 2014 and another in May 2016.
Shortly after, Marci similarly disappeared. She was tagged on a nest on the National Trust for Scotland’s Mar Lodge estate in 2018, continuing a very positive relationship with this estate. Marci was last tracked in Aberdeenshire on 22 April, in an area intensively managed for driven grouse shooting within the Cairngorms National Park.
In the cases of both Skylar and Marci, follow-up searches by both the police and the RSPB uncovered no trace of the bird’s body or tag.
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Skylar as a chick.
Cover story: sad end to eaglesTwo satellite-tagged golden eagles, being monitored by Raptor Persecution UK, have disappeared in suspicious circumstances within five hours of each other.
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Silent spring for ravens
In March 2018, a dead raven was seen lying in the heather on a grouse moor near Langsett, in the Peak District National Park. Toxicology tests by Science & Advice for Scottish Agriculture (SASA) confirmed that the raven had died as a result of poisioning by the highly toxic and banned agricultural pesticide aldicarb. By March 2019 no progress had been made with the investigation, causing the RSPB to issue a complaint to South Yorkshire Police.
Another raven was found poisoned on a grouse moor in North Wales in August 2018. The location – Ruabon Moor – was also noted in 2018 when satellite-tagged hen harriers Heulwen and Aalin suddenly disappeared in this area.
In March 2019, a raven was found containing nine pieces of shot near Delamere Forest in Cheshire. No leads were forthcoming despite detailed police enquiries.
Buzzards shot in NorthumberlandThis spring, two shot buzzards were found in Northumberland. One in Steel on 25 April and one in Blanchland on 13 May.
Both were adjacent to grouse moors, and in both cases previous persecution incidents had been recorded nearby. Police enquiries revealed no leads.
A press release went out swiftly from Northumbria Police, together with an RSPB blog. The North Pennines Area of Outstanding Natural Beauty also issued a clear statement condemning persecution.
Writing on their website, Chris Woodley-Stewart, Director of the North Pennines AONB Partnership,
This buzzard had eight pieces of shot in its body.
X-ray of the Cheshire raven.
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said: “This corner of the North Pennines is gaining a reputation as a raptor crime hotspot, these two buzzard deaths adding to the eight red kites that have been illegally killed in the Muggleswick area (5 miles from Blanchland) since 2010.
“The killers are breaking the law, tarnishing the reputation of the place they live in and, most importantly, needlessly killing our precious native wildlife.
“AONB Partnership staff have been
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out leafleting the area this morning, putting up posters and giving flyers to shops and pubs, calling for information on the recent crimes. We have written to the relevant Parish Councils today to draw their attention to these incidents.”
Another buzzard was found shot and poisoned in East Yorkshire in October 2018.
Ravens have been targeted in several areas in the past year, including Shropshire, Cheshire and the Peak District.
The raven found shot in Cheshire. The raven found poisoned in Wales.
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Henry Morris: going the distance for hen harriers.
How far would you go to raise awareness of an issue?
He’s got over 40 ultra marathons under his belt and completed the Cleveland Way in 32 hours, but Henry Morris’ most recent endeavour was a little different.Between 3 and 6 July, the London-based personal trainer ran 200km, taking a route which stopped off at sites where hen harriers have mysteriously vanished.
Yorkshire born, Henry only recently became aware of how illegal persecution was darkening the hills he loves. He said: “I live in London, but I grew up in Yorkshire and spent a lot of time out walking and running. I wasn’t too aware of birds of prey growing up, until the red kites got re-introduced. But they never made it beyond the Skipton-Harrogate Road… it seemed they were disappearing. That’s when I became more aware of raptor persecution and what happens on grouse shooting estates, and the fact that there’s hardly any wildlife up there.
“I became quite angry but couldn’t think what I could do about it. Then I thought about what I’m good at, which is running.”
Hen harriers are on the verge of extinction as a breeding species in England, with illegal killing the main cause. The UK government’s own research tells us that 72% of
In July, Henry Morris ran the equivalent of five marathons through Lancashire and Yorkshire to highlight the plight of the hen harrier. Jenny Shelton reports.
satellite tagged hen harriers have been illegally killed – or have thought to have been killed – on or near grouse moors and that a hen harrier is 10 times more likely to die or disappear over a grouse moor than anywhere else.
“I’ve been telling all my clients what I’m doing and every single person is gobsmacked about the illegal killing of birds of prey and the misuse of the land up there. They’re amazed it goes on. But they live in the city so they don’t see it.
“It’s quite clear what’s happening, and the people doing it are brazenly pretending that it’s not. They’ve been getting away with it in plain sight for too long.”
On the final day, Henry was joined by supporters, including Superintendent Nick Lyall, Chair of the Raptor Persecution Priority Delivery Group, and Guy Shorrock of RSPB Investigations.
Guy Shorrock said: “Henry has done an incredible thing in stepping up and taking action for a cause he believes in. The RSPB is incredibly grateful to him and his team in bringing the issue of raptor persecution to light, and we hope this inspires others to do whatever they can.
“The RSPB works tirelessly to put a stop to the deplorable criminality currently taking place in the uplands of the UK, which is threatening some of our most treasured and vulnerable species. Hen harriers need heroes like Henry.”
Henry and his team raised over £11,000 for Wild Justice.The runners ended at a pub in Washburndale.
Henry said: “My legs are spent but we’ve enjoyed doing it so much and would love to do something similar again.”
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Henry Morris and friends.
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Gamekeeper with decoy on a Peak District grouse moor.
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Decoy use on grouse moor filmedThe RSPB released a film earlier this year showing armed gamekeepers setting plastic raptor decoys on a grouse moor in the Peak District.
It is thought the decoys were being placed to lure in birds of prey so that they could then be shot.
Over two winters, RSPB investigations officers filmed men setting decoys out in the open, then lying in wait close by in purpose-built shooting hides.
The men arrived in the morning and sat in the hides for several hours, holding guns. The RSPB believes it highly unlikely the men were carrying out legal corvid control. This is typically undertaken in the spring and there were very few corvids in the area. There was a huge amount of time and effort invested, plus some highly suspicious behaviour.
The evidence suggests that birds of prey were the intended target. More worryingly, this practice has been recorded on several other grouse moors in the Peak District.
You can watch the film on YouTube www.youtube.com/watch?v=1WVLJfAqST4 or by searching for the clip online.
The evidence suggests that birds of prey were the intended target. More worryingly, this practice has been recorded on several other grouse moors in the Peak District.
Wildlife crime training dayWorking together and sharing expertise is key in the fight against wildlife crime.
Back in February 2018, North Yorkshire Police – in partnership with the two Yorkshire National Parks, the RSPB and RSPCA – launched Operation Owl to raise awareness of the high levels of raptor persecution in the county. This was followed by a training day for the Yorkshire Dales National Parks (see Legal Eagles 84 and 85).
Continuing this theme, on 6 March 2019, a similar training day was organised in the North York Moors National Park (NYMNP). The event, which was kindly hosted by the Forestry Commission at their Dalby Forest Visitor Centre, was well attended by park rangers, Wildlife Crime Officers (WCOs) and staff from the Forestry Commission, National Trust and the Yorkshire Wildlife Trust.
There were a series of presentations given on raptor persecution and other areas of wildlife crime including poaching, pesticides, badgers and bats by North Yorkshire Police WCOs, Natural England (NE), the RSPB and RSPCA. The police, NE and the RSPB also ran four outdoor training sessions covering the legal and illegal use of pesticides, traps and snares.
The RSPB’s Guy Shorrock training on the legal and illegal use of traps.
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The aim of the day was to provide the delegates with the knowledge to recognise potential wildlife crimes, relevant information to record accurately and how to react in a responsible and legal manner, including by reporting the incident to the authorities.
The RSPB is grateful for the work of Simon Bassindale (NYMNP) and the Forestry Commission for their work in organising this event.
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The law is black and white...
Kevin was appointed in May 2019, and as plan owner will lead the group in improving and increasing the recording of incidents, crimes and intelligence for badger persecution; improving the investigation process; and increasing awareness of badger persecution across the UK.
Badger persecution – which includes badger baiting and destruction of setts – is one of six National Wildlife Crime Priorities. Inspector Kelly was named Wildlife Enforcer of the Year in 2017 and in 2018 won a national commendation from the World Wide Fund for Nature for Operation Owl, a rural crime operation aimed at tackling raptor persecution through partnership working.
He said: “It’s a great responsibility to take over as plan owner for
...well it is for Wildlife Crime Officer Temporary Inspector Kevin Kelly of the North Yorkshire Police who has taken on the chair of the Badger Persecution Priority Delivery Group.
the Badger Persecution Priority Delivery Group. I’m here to make a difference. I want to encourage partnership working, which is something I have a real belief in.
“Here in North Yorkshire we are leading the way in improving how wildlife crimes like badger persecution are dealt with. In recent years we have had some high-profile convictions for badger persecution, including in February 2019, a man who failed to check a snare which led to a badger death, and in May 2018, a man who carried out forestry work at an active badger sett.
“Since 2013 there have been more than 30 convictions for badger crime in the UK, which just goes to show the hard work already going on nationwide in this area, and I’d like to pay tribute to all those involved in the delivery group over that time.”
New NPCC Wildlife Crime LeadChief Constable Darren Martland, of Cheshire Constabulary, has been appointed as the National Police Chief’s council lead for wildlife crime.
Darren started his police career in 1990, working in Liverpool’s Knowsley area. Nine years later he joined his current force, working in a number of operational roles in Halton and Macclesfield. He was later posted to the Eastern Area as the uniform Chief Inspector.
He returned to Merseyside Police in 2006 as Superintendent. He was posted to Knowsley Basic Command Unit as the Area Commander in 2009 and dealt with a number of operational incidents and qualified as a Public Order and Firearms Commander.
He successfully completed the Strategic Command Course in
New role: Chief Constable Darren Martland.
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Inspector Kev Kelly: “I’m confident we can do even more to protect these wonderful mammals.”
2013 and acted as Assistant Chief Constable in Merseyside Police.
He transferred to Cumbria Constabulary in 2015 as the Assistant Chief Constable, returning to the Cheshire Constabulary in 2017. He took on the role of Acting Deputy Chief Constable later in the year.
He now takes up the post as national lead for wildlife crime, replacing DCC Craig Naylor who retired on 21 June 2019.
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Fish poaching is a criminal offenceOPERATION SILVER FIN
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For more information contact:
Put a stopto illegalfishpoaching
Tel: 0800 80 70 60Tel: 028 71 342 100
Operation Silver Fin poster.
Police in Northern Ireland have teamed up with the Department of Agricultural, Environment and Rural Affairs (DAERA) and the Loughs Agency, along with partners from the Partnership for Action Against Wildlife Crime Fin group, as part of a new operation to target poachers.
Operation Silver Fin is a new initiative which focuses on encouraging the public to report suspected fish poaching to the appropriate agency, enforcing fishing regulations and increasing awareness of the legislation surrounding fishing and the importance of protecting fish stocks.
Cookstown Police Service of Northern Ireland Inspector Daniel Walsh said: “Following concerns about poaching in the area we were keen to work with our colleagues to prevent and deter poachers from targeting our waterways. We know that those involved in wildlife crime may sometimes be involved with other crime types and it is important to send out a clear message to those involved that we are taking this seriously.”
A spokesperson for DAERA Inland Fisheries said: “Illegal fishing can have a harmful impact not only on local fish stocks, but also the livelihoods of licensed fishermen that catch them.“
Net closes in on fish poachers - Operation Silver Fin launched
DAERA Inland Fisheries are responsible for the conservation and protection of inland fisheries outside of the Foyle and Carlingford areas. Enforcement patrols aim to deter, disrupt and detect illegal fishing activity and are a key aspect of protecting fisheries.
DAERA is keen to work with the public and other partners to protect fish stocks. Please report all incidents of illegal fishing using DAERA’s 24 hour Pollution Hotline phone number 0800 80 70 60.
During the 2018–19 hare coursing season, 24 dogs and 13 vehicles were seized by officers across Lincolnshire and reports fell by 36% across Lincolnshire – to the lowest level since 2014–15.
Work is ongoing with neighbouring police forces and farmers, while the Operation Galileo team is pushing for a change in the law whereby hare coursers could be ordered to pay kennelling costs when their dogs are seized.
Tackling hare coursing
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Operation Galileo launch.
Police are seeing reductions in reports of hare coursing across Lincolnshire, but work is ongoing to cut this even further.
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A year in the lifeDC Shona MacKinnon of Police Scotland, reports on her new role in this exciting area of work.
In January 2018, I took on the role of Wildlife Crime Investigative Support Officer for Police Scotland, a Scottish Government funded post.
I joined Strathclyde Police in 2009 and since then most of my service has been within the Criminal Investigation Department. I’ve always had a passion for wildlife, so when this opportunity presented itself it was instinctive – I had to apply!
My role is very varied. My core duty is to provide investigative support to Wildlife Crime Liaison Officers, Wildlife Crime Officers and Police Officers all over Scotland. This can be monitoring and providing assistance with ongoing enquiries; organising and resourcing policing activities; participating in searches, warrants and interviews; providing guidance on forensic capture and assisting with case preparation. I’m also heavily involved in intelligence development, promoting and resourcing national operations, devising prevention and disruption strategies, and internal and external training.
I am also an active participant in The Partnership for Action against Wildlife Crime Scotland (PAWS) and take a proactive role engaging with our partners and the Scottish Government.
During my first year in post, I identified the need for specialist resources to strengthen and enhance our capabilities in dealing with wildlife crime. I secured an exceptionally talented resource from Police Scotland’s Dog Branch: Police Dog (PD) Otis and his handler PC Andy Inglis are now fully embedded in Police Scotland’s work to combat wildlife crime. Exciting times lie ahead as we look to broaden his experience and exposure to investigations while exploring new ways to tackle wildlife crime.
Going forward, I plan to help raise public awareness of wildlife crime through social media and continue developing strong partnership working arrangements to make best use of resources and expertise. I will also be exploiting all available forensic opportunities where possible, ensuring that the integrity of investigations is at the core of everything we do.
My first year in post has been the most challenging and rewarding yet. I am humbled by the professionalism, enthusiasm and passion of Police Scotland’s Wildlife Officers and Specialist Officers who work extremely hard in an area of policing that is complex, high profile and often very political. I am grateful to them and to partner agencies for their time and support in my first year in the role.
Shona with PD Otis and his handler PC Andy Inglis.
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Operation Owl launch and satellite tag training day The Raptor Persecution Priority Delivery Group (RPPDG) for England and Wales delivered the first ever raptor persecution investigation training day on 11 June at the North Yorkshire Police headquarters in Northallerton.
The day focused on the role of satellite technology in combating crime against birds of prey – one of the UK Government’s wildlife crime priorities. This followed a successful workshop in Scotland held in February 2019.
Members of the RSPB’s Investigations Team gave an introduction to the UK’s birds of prey, tagging and how the tag data is handled. Cathleen Thomas spoke about the RSPB’s EU Hen Harrier LIFE project, which comes to a close this year after five years protecting and gathering invaluable data about the UK’s most persecuted bird of prey.
The 100+ Wildlife Crime Officers also heard from Richard Saunders who presented the results of
Natural England’s recent research looking at 10 years of hen harrier satellite tag data. (see page 7).
Plans are also afoot to make Operation Owl – the raptor persecution awareness-raising initiative – bigger than ever. After the first successful Operation Owl weekend in North Yorkshire in February 2018, the initiative is being rolled out nationally for 2019.
In June, Chair of the RPPDG Superintendent Nick Lyall launched a new Operation Owl website, which provides clear information on how to recognise and report illegal bird of prey persecution. He also has plans for community engagement events and partnership work to tackle the issue.
Operation Owl aims to raise awareness of raptor persecution, encouraging the public to be vigilant for signs of criminal activity, whilst increasing police surveillance checks on known hot-spots in order to disrupt offender activity. North Yorkshire is home to a diverse population of birds of prey and sadly suffers the highest levels of their persecution in the country – something which Operation Owl sets out to tackle.
Superintendent Nick Lyall said: “I am grateful to Insp Kev Kelly and the North Yorkshire Police Rural Task Force for allowing me to pick up their great idea and develop it much further on behalf of us all.”
Please visit: operationowl.com
Since 2014 people have been gathering across the country in August to show support and solidarity for hen harriers – the UK’s most persecuted bird of prey.
This year, come along to Carsington Water, Derbyshire for 2019’s Hen Harrier Day event, on Sunday 11 August.
Hen harrier dayEveryone who cares about these birds and wants to see an end to their illegal killing is invited.
The event is being organised by Wild Justice in conjunction with Severn Trent Water. Bring a picnic and enjoy a host of great speakers.
Superintendent Nick Lyall speaking at the conference.A poster of the event in Northallerton.
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ZSL fundraiser a successThe Zoological Society of London (ZSL) raised more than £375,000 at a fundraising gala in May.
The funds will go towards helping to put a stop to wildlife crime, including the illegal trading of wildlife.
Over the past 15 years, it is estimated that more than a million pangolins have been poached and illegally traded – bringing them close to extinction. The poaching of forest elephants in Africa has also resulted in a 60% population decline in the last 10 years.
Guests at the ZSL gala, called Safari in the City, included the charity’s supporters Chris Packham,
A challenge by Wild Justice on the legality of three 2019 Natural England (NE) General Licences has provoked some fierce debate.
Wild Justice, a non-for-profit company, was set up by Chris Packham, Mark Avery and Ruth Tingay to fight for wildlife using the legal system. In February 2019, they challenged NE claiming that three licences were unlawful as they did not allow NE to ensure that individual birds were only killed after non-lethal means had been tried and/or properly assessed, nor ensure that birds were only killed for the limited purposes set out in law.
These licences covered 16 bird species and allowed lethal control to prevent serious damage/disease, to preserve public health/safety and to conserve wild birds, flora or fauna.
Following delay, and an unsatisfactory NE response, on 13 March Wild Justice lodged legal papers seeking permission for a judicial review. On 23 April, NE announced the three licences would be revoked on 25 April, having concluded that they were not issued in accordance with the Wildlife and Countryside Act 1981.
Marley the UK Border Force dog.
Chris Packham at the gala.
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This surprise action caused widespread condemnation from sectors within the farming and game bird community. NE started a review process and issued bespoke General Licences for carrion crows, wood pigeons and Canada geese.
Wild Justice have since launched a second legal challenge against the new NE license relating to the killing of carrion crows to protect pheasants.
Responding to the review, the RSPB outlined that legal control should only be considered when a genuinely serious problem exists, that non-lethal methods are impracticable or ineffective and the approach will resolve the issue without conservation impacts on the species. In line with three previous consultation responses since 2004, it also questioned the validity of controlling magpies, rooks, jays and jackdaws to conserve wild birds, and asked for a tightening of cage traps controls.
In May, Defra took over control of the process and on 14 June re-issued slightly amended versions of the three revoked licences, including a restriction on preventing them being exercised on certain protected sites. A wider review of General Licences is expected soon.
Hugh Fearnley-Whittingstall, and ZSL’s chairman of the fundraising board, Rupert Hambro CBE. There was a live auction compered by author Lord Jeffrey Archer. The event also included a demonstration by UK Border Force detection dog Marley.
ZSL’s Fundraising Director James Wren said: “As one of the biggest threats to endangered species around the world the illegal wildlife trade is said to be worth an alarming £17 billion globally a year. Here at ZSL, we’re working to put an end to illegal wildlife trade. Full stop.”
Find out more at zsl.org
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Keeping wildlife undisturbedThe UK National Wildlife Crime Unit (NWCU) has launched a new social media initiative to raise awareness among wildlife photographers and drone users of their responsibilities while sourcing images of wild animals.
Unlicensed disturbance of mammals and birds may result in a conviction under wildlife or marine legislation, attracting an unlimited fine and/or up to 6 months’ imprisonment.
The awareness campaign is running under the title of “Undisturbed” between May–November 2019 . It seeks to highlight issues regarding wildlife disturbance by providing weekly tweets.
Photographer Laurie Campbell said: “One should always research the species of bird or mammal in advance and determine its protected status before attempting to photograph it. Recognising the signs of stress and being aware of any changes in the natural behaviour of any animal is vital, both to judge how close you may approach safely, and when to back away. Regardless of whatever the protected status of the species may be, its welfare must always come before the desire to photograph it.”
Chief Inspector Lou Hubble, Head of the NWCU, said, “Wildlife is amazing! It is a real privilege to see birds and other animals in their natural habitat. However, this
initiative serves to remind people that disturbance could be a criminal offence. Please be responsible when photographing or filming wildlife and birds and allow others to enjoy the experience as you have.”
Goathland is a picturesque setting, famous for its historic railway and as the setting of the TV show Heartbeat.
It’s also in the heart of a persistent raptor persecution area. The event will be a “drop in and chat” day with speakers, encouraging everyone to find out more about the problem of raptor persecution in North Yorkshire.
Raptor awareness day
The project comes with the support of PAW (Partnerships for Action Against Wildlife Crime) across the UK.
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The welfare of the subject must come first: advice from NWCU.
The Northern England Raptor Forum (NERF) will be holding a Raptor Persecution Awareness Day on Saturday, 10 August at The Community Hub, Goathland, within the North York Moors National Park.
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The white stork is one of the migratory birds featured in BirdLife’s new campaign.
BirdLife International launches Flight for Survival
Flight for Survival tells the spectacular stories of seven migratory birds, including the white stork, Eurasian blackcap and European turtle dove, and exposes the illegal threats they face along the way.
These protected species are often weak and vulnerable after crossing continents, deserts or the open
25,000,000 birds are killed illegally every year. That’s the stark message from BirdLife International’s new campaign, which launched in February.
sea. They then face the risk of being indiscriminately shot, trapped in glue, poisoned or being caught in almost invisible nets.
This illegal killing is endangering species that are already being hit hard by habitat loss and climate breakdown, as well as being in open defiance of the law.
BirdLife International says: “Together with our national partners, we are working to put an end to the killing – by raising critical funds and much-needed international awareness to tackle this tragically overlooked problem.”
To find out more about the campaign, visit flightforsurvival.org or use #FlightForSurvival on Twitter.
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Record seizure of pangolin scales
Around 36,000 pangolins are thought to have been illegally killed for this shipment.
Pangolins are the world’s most trafficked mammal and as such are at risk of global extinction. All eight pangolin species are protected under national and international laws, and two species of pangolin are listed as Critically Endangered on the IUCN Red List of Threatened Species.
Pangolins are sought after in countries like China and Vietnam where their meat is considered a delicacy and their scales are used in alternative medicines.
Nearly 13 tonnes of pangolin scales were seized in Singapore in April 2019 - the largest of its kind ever made.
In January 2019, customs officers also seized 8,300 kilos of pangolin scales and 2,100 kilos of ivory tusks
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in a container from Nigeria. A man and a women have since been arrested.
In May 2019, the criminals were handed sentences of two years and eight months each after using poisoned bait to kill 138 birds of prey and four crows.
They were also banned from managing hunting reserves, hunting and acting as gamekeepers for five years and four months, and have to pay €67,538.65 to Comunidad Foral de Navarra and take measures to recover the damage they caused.
The offences occurred in 2012 at the hunting grounds of Tudela and Cintrúenigo (Navarra). The birds killed included black kites, a marsh harrier, two griffon vultures and an Egyptian vulture.
Scientific reports indicate that the illegal use of poisoned baits in Spain is one of the greatest threats to biodiversity. Worldwide, poison is the biggest threat to vultures.
Spain deals heavy blow to poisonersThree men have received the highest jail time imposed in Spanish history for wildlife poisoning.
Even though the use of poisoned baits is illegal in Spain and other European countries, it continues to be widely used to kill predators, endangering threatened birds and mammals.
This penalty would not have been possible without the Guarderío Forestal and the Policía Foral de Navarra who clarified the facts and obtained the incriminating evidence.
Pangolins are the most trafficked mammal, which is putting them at risk of global extinction.
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A pair of griffon vultures.
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W C O
KEEPING WILDLIFE CRIME OFFICERS INFORMED
For more information on wild birds and the law, visit rspb.org.uk/birdlaw
The RSPB is the UK’s largest nature conservation charity, inspiring everyone to give nature a home. We play a leading role in BirdLife International, a worldwide partnership of nature conservation organisations.
The RSPB is a registered charity in England and Wales 207076,in Scotland SC037654. 232-0993-18-19
Write to be readWe welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions in your force. Send your articles and mailing list updates to The Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL, by email to [email protected] or telephone 01767 680551. The views expressed in Legal Eagle are not necessarily those of the RSPB or PAW.
Cover photo: Andy Wightman MSP with Golden Eagle Adam aged 9 weeks. Photo copyright Ruth Tingay.
The RSPBUK Headquarters The Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551
Scotland Headquarters 2 Lochside View, Edinburgh Park, Edinburgh EH12 9DH Tel: 0131 317 4100
Northern Ireland Headquarters Belvoir Park Forest, Belfast BT8 7QTTel: 028 9049 1547
Wales Headquarters Castlebridge 3, 5–19 Cowbridge Road East,Cardiff CF11 9AB Tel: 029 2035 3000
PAWPAW is The Partnership for Action Against Wildlife Crime, a multi-agency body of organisations involved in wildlife law enforcement in the UK.
PAW provides opportunities for statutory and non-governmental organisations to work together to combat wildlife crime, and to promote the enforcement of wildlife conservation legislation, particularly through supporting the networks of Police Wildlife Crime Officers and officers from HM Revenue and Customs and the UK Border Agency.
Want more info? Visit defra.gov.uk/paw
Welcome to Robin
The RSPB’s Investigations Team has a new addition – well, two in fact!
Our new team member, Robin.
On 23 April, Robin Lyon Sinclair stepped in as maternity cover for Jenni Burrell, our Intelligence Officer in Scotland. Robin will also be based in Edinburgh. He brings with him a wealth of experience gained from his time as Senior Data Manager in
If you’d like to change how you hear from us or you no longer wish to receive this publication, just let us know. Please call Jenny Shelton on 01767 693024 or email [email protected]. For more information about your data protection rights please take a look at: rspb.org.uk/privacypolicy
the RSPB’s Conservation Data Management Unit. There, he looked after all things “data” on our Scottish reserves, from species survey results to information about hazardous trees. He loves hillwalking, climbing and generally being outdoors.
Robin says: “I made the move to Investigations so that I could feel closer to the front-line of conservation, and so far, I’m loving it! I live in Fife, so I get the joy of travelling over the beautiful Forth Rail Bridge every morning and evening.
“I’ve already learnt a huge amount in my new role and am coming to understand and appreciate how much the satellite-tagged hen harriers that I check on a daily basis mean to such a variety of people. I can’t wait to learn more about the world of wildlife crime investigation and will do my best to assist the investigations officers here in Edinburgh.”
And huge congratulations to Jenni and her husband Rich on the arrival of their baby boy!
