a millionvoices fornature JUNE 2008 No 55

James Shuttlewood, head gamekeeper of the Snilesworth

Estate, and two of his staff have been convicted in

connection with an illegal trapping campaign, involving

cage traps baited with live pigeons in North Yorkshire.

On 8 February 2008, three gamekeepers from the SnilesworthEstate pleaded guilty at Scarborough Magistrates’ Court toeight offences under the Wildlife and Countryside Act 1981.The head gamekeeper, James Shuttlewood, 40, anexperienced gamekeeper of over 20 years, pleaded guilty topermitting the use of five illegal traps by his staff, and wasfined £1,250. In 2005, Shuttlewood won a Purdey Game andConservation award.

Charles Woof, 22, a gamekeeper covering the ScugdaleValley, pleaded guilty to using one of the traps, and was

Award-winning gamekeeperconvicted of illegal trapping

fined £100. David Cook, 18, a trainee underkeeper, pleadedguilty to using two traps and received a 12-month conditionaldischarge. All were ordered to pay £43 towards prosecutioncosts. It was clear that the court took a particularly seriousview of Mr Shuttlewood’s involvement, outlining that hisstaff were carrying out his instructions and that hisreputation had been tarnished.

The Snilesworth Shoot, managed for the shooting ofgrouse, pheasants and partridges, operates on the Estate.American businessman Bob Cieslukowski holds the lease of the moor, and its management is contracted to Mr MarkOsborne of Banbury.

Over an eight-day period in May 2007, a local farmer foundthree portable cage traps all containing live pigeons in 3

LEGAL EAGLETHE RSPB’S INVESTIGATIONS NEWSLETTER

IN THIS ISSUE: Council fined for dormouse habitat destruction Whealmeet again? Bluebells stir public emotion National Wildlife Crime Unit (NWCU) funding secured White-tailed eagles poisoned in Ireland

Head gamekeeper James Shuttlewood (front)

with PC Raspbeary at one of the cage traps

holding a live pigeon on the Snilesworth Estate

(there was no conviction regarding this trap).

PROSECUTIONS

Hunters fined in LiverpoolMerseyside WCO Steve Harris reports

on a recent hunting case:

‘On 4 February 2008, four hunters from Liverpool appeared at LiverpoolCity Magistrates’ Court, facing chargesunder Section 1 of the Hunting Act 2004 relating to the illegal hunting of foxes and badgers, with dogs, inNorth Wales. Peter Blackhall, 25, ofLapford Crescent, Liverpool, ThomasBell, 23, of Exeter Close, Liverpool,Adam Pengilley, 21, of Adlam Road,Liverpool, and a 17-year-old youthpleaded guilty to the offences. Theadults were each fined £250, the youth was given a conditionaldischarge for 12 months, and allordered to pay £80 costs.

The offences came to light in August2007, when five hunters returning fromNorth Wales in their Land Rover werearrested on suspicion of illegal huntingafter being stopped in Liverpool. Theywere wearing camouflage clothing andwere in possession of dogs, spades,electronic tracking devices, nets and

other equipment used for the illegalhunting of foxes and badgers, whichwas seized. During interview, eachgave a different account of theiractivities. One admitted illegal hunting,and because of his good character,was given a police caution. The otherswere charged with hunting offences.

A file was submitted to the CrownProsecution Service (CPS). The CPSprosecutor, like the arresting officers,was unaware of the evidentialsignificance of some of the seizeditems and contemplated discontinuingthe case. I was asked if I could providea statement explaining the significanceof all the equipment. From myexperience with other cases, I was ableto describe how the equipment couldbe used in conjunction with sendingdogs underground.

During sentencing, District Judge MrAbelson commented that the evidenceagainst the men was overwhelmingand that they were serious offences.He ordered the forfeiture of the Land

Rover, and that all the huntingequipment should be seized by police.He was not able to make an orderregarding the dogs, despite a desire to do so, as they had not been seizedand could not be located and identifiedso long after the event.’

Information about wildlife crime in Merseyside can be found on the police website at:www.merseyside.police.uk/html/crimeprevention/wildlife/index.htm

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Gamekeeper David

Cook caught on

camera feeding the

pigeon in an illegal

cage trap on the

Snilesworth Estate.

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4 secluded woodland areas in theScugdale Valley on the north side ofthe Snilesworth Estate, on the NorthYork Moors. Cage traps can be usedlegally to control certain crows(typically magpies and carrion crows),but the use of live pigeons as bait isillegal, and such traps were clearlyintended for the illegal trapping ofbirds of prey. This matter was reportedto the police.

On 26 May 2007, RSPB investigatorslocated a further four cage traps inother locations on the SnilesworthEstate, and three of these alsocontained live pigeons. A fourth trap held the remains of a deadpigeon, apparently plucked. The bodyof a dead sparrowhawk, a suspectedtrap victim, was found a short distanceaway, pushed down a hole.

RSPB investigators carried out covertsurveillance on two of the cage traps.

On 29 May 2007, David Cook wasfilmed visiting two of the cage trapsand providing grain and water for thecaptive pigeons. This evidence waspassed to the North Yorkshire Police,and, assisted by the RSPB and RSPCA,they visited the Snilesworth Estate on31 May 2007. They spoke with some of the gamekeepers and visited thecage traps to find that two of the sixlive pigeons were still present, thoughit was suspected others may havebeen released prior to the policearrival. This was confirmed in one caseby a covert camera left monitoring onecage trap that showed a young manreleasing the pigeon just a fewminutes before the police arrived.Gamekeepers from the Estate werelater interviewed by the police andreported for a number of offences inrelation to the cage traps.

In connection with this enquiry, theRSPB would particularly like to thank

the efforts of WCOs PC JeremyWalmsley and PC Mark Raspbeary, DawnBirkett of the CPS and the local farmerwho originally reported the matter.

Council fined for dormouse habitat destructionSouth Wales Police WCO Ian Guildford reports on what

is believed to be the first ever UK conviction involving

wild dormice:

‘Bridgend County Borough Council were fined £1,000 plus£100 costs on 20 December 2007 at Bridgend Magistrates’Court after pleading guilty to an offence of recklessdisturbance of a Schedule 5 species under Sections 9(4)(b)and 69 of the Wildlife and Countryside Act 1981 (WCA). All other summonses against the council and the twoemployees were discontinued following plea bargaining.

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

At the beginning of 2007, the local authority discussed aproposal to control the scrub encroachment. Despite theresults of the surveys, a tractor driver was duly dispatchedto begin cutting back the encroaching growth. Once localresidents became aware this work was being undertaken, it was stopped, but only after five days of cutting in areasknown to contain dormice.

After consultation with the CPS I decided to summons twoemployees of the council and the council, as a corporatebody, for offences of disturbance and destruction underboth the WCA and the Habitat Regulations. As far as I candetermine, this is the first ever conviction within the UKrelating to offences involving dormice.’

The old prisoner of war camp in Bridgend, where

the dormouse habitat destruction occurred.

Pesticide fines for gamekeeper and employerGordon Smart, the head gamekeeper for over 30 years on

the Manningford Bruce Estate, near Pewsey in Wiltshire,

and his Portuguese employer Mr Nuno de Brito e Cunha

(Visconde de Pereira Machado) have been convicted of

pesticide-related offences under the Food and Environment

Protection Act 1985 (FEPA).

On 18 December 2007 at Kennet Magistrates’ Court, Smartpleaded guilty to five offences relating to the illegal storageand use of rodenticides and the fumigant Phostoxin. Hewas fined £1,000 and £100 costs. His employer, ViscountMachado, pleaded guilty to two charges of permitting theunlawful use of rodenticides and failing to provide thenecessary instruction, training and guidance. He was fined£3,500 and £400 costs.

During the spring of 2006, three dead buzzards and amagpie were found on land bordering the ManningfordBruce Estate. These were submitted for analysis andalphachloralose abuse was confirmed. There is a longhistory of wildlife poisoning in this area – since 1981 therehave been a shocking 10 confirmed poisoning incidentswithin four miles of Pewsey village, including birds of prey and badgers. These have involved the abuse of thepesticides alphachloralose, mevinphos and triazophos.

Following intelligence gathered by WCO Sgt Mark Barrettand the RSPB, and with the support of Natural England,

a search took place on 29 June 2006 on the ManningfordBruce Estate and outbuildings at the home address ofSmart. No evidence relating to the poisoning incidents wasfound. However, a tube of the fumigant Phostoxin, whichgives off the very toxic phosphene gas, was found unsafelystored in Smart’s Land Rover and he admitted he hadstored the product the previous evening in his home. Thereare strict conditions for the use of this product and nosuitable store was found on the Estate.

In a large open-fronted barn on the Estate, the search teamfound insecurely stored rodenticides and exposed bait. Theserodenticide baits should be prepared to exclude possibleaccess by children and non-target animals. A syringebelonging to Smart was also discovered, and was found to contain traces of three agricultural pesticides – endrin,mevinphos and triazophos – when analysed. These productshave been unapproved for many years and syringes havebeen used on many occasions to prepare poisoned baits.

Smart and his employer were both interviewed about thesematters. A Control of Substances Hazardous to Healthassessment produced by the Estate was 15 years old and HSE confirmed it was unfit for purpose. Smart was chargedwith possession of a ‘poisoner’s kit’ in relation to the syringe,but this matter was discontinued following pleas to othermatters. The RSPB would like to thank Sergeant Barrett, CPS,Natural England and HSE for their assistance with this case.

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Top grouse moor handed £0.5million fine for SSSI damageWemmergill Moor Limited, a company

based in Hawes, North Yorkshire, was

fined £50,000 by Durham Crown

Court on 28 January 2008 for causing

damage to part of Lune Forest Site

of Special Scientific Interest (SSSI)

in County Durham, which it owns.

The company was also ordered to

pay Natural England’s full costs of

£237,548 in bringing the prosecution.

Together with the costs of restoration

and other measures, the total cost

to the defendant exceeds £500,000. The

company is owned by Michael Cannon,

a millionaire who made his fortune

from the pub trade and is ranked

238th on the Sunday Times Rich List.

Wemmergill Moor Ltd pleaded guilty to three offences relating to constructionwithout obtaining the necessarypermission of a new track almost 1 kmin length, a car park and associateddrainage, as well as damage to anotherroute. The works resulted in damage to over 4,433 square metres ofinternationally important peatlandhabitat, which is also home to birdssuch as merlins and golden plovers.

The Court imposed a RestorationOrder requiring Wemmergill Moor Ltd to remove the track and car parkto restore that part of the SSSI to its

former condition. The defendants also gave an undertaking to carry out, at their own cost, additionalworks to reduce the overall impact of works associated with another track within the SSSI and to block an area of man-made drains 40 km in length to help improve thecondition of the moorland.

Martyn Howat, Natural EnglandRegional Director, said, ‘SSSI ownershave a legal responsibility to seekpermission from Natural Englandabout proposals that may damageSSSIs. Natural England will continueto work in partnership with SSSIowners and occupiers to ensure that

these nationally and internationallyimportant wildlife sites are conserved.Over the last 18 months, NaturalEngland has been working withWemmergill Moor Limited to agree a management plan that will ensurethat over 5,500 hectares of Lune Forest SSSI is managed to sustain and enhance its interest for wildlife.’

SSSIs are notified and affordedprotection under the Wildlife andCountryside Act 1981. Among otherlegal obligations, the legislation places requirements on owners andoccupiers of land within SSSIs. Section31 of the 1981 Act enables a Court tomake a Restoration Order specifyingoperations for the purpose of restoringthe SSSI to its former condition priorto the damage occurring.

Natural England estimates that there is more carbon stored in the UK’s peat than in all the forests of the UK and France combined. All of the peatlands in England and Waleswould absorb around 41,000 tonnes of carbon a year if in a pristinecondition, but could emit up to 381,000 tonnes of carbon a year if they are damaged by practices such as excessive burning, drainageand over-grazing.

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One of the tracks that cost

Wemmergill Moor Ltd £500,000.

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Wemmergill Moor is acknowledged as

one of the UK’s top grouse moors and

last year a record bag of over 16,000

red grouse was shot there.

Police poison swoopIn 2006, the RSPB received information that a male in the

Midlands was supplying pesticides, acquired from Ireland,

to a number of gamekeepers in the north of England for

use in illegal predator control. A number of estates were

mentioned as being involved. Over the years, information

from several sources has claimed that pesticides sourced

in Ireland have been used for illegal wildlife poisoning on

UK sporting estates. In the spring of 2007, following calls

from members of the public, the RSPB located a dead

buzzard, a dead gull and a number of rabbit carcasses

on two of the estates mentioned. Analysis confirmed the

presence of the pesticide alphachloralose, which has a

long history in wildlife poisoning.

In May 2007, a joint operation involving North Yorkshireand West Mercia Police forces, supported by NaturalEngland, the Defra Investigation Service (DIS) and theRSPB, executed warrants at a number of addresses.

A number of unapproved and improperly stored pesticideswere discovered at an address in Shropshire. A container of strychnine was found in an insecure gun cabinet and acontainer of the fumigant Cymag in an outbuilding. Ofparticular interest, were two kilos of pure alphachloralosefound in an outbuilding loft, in a box bearing postage detailsindicating they had been acquired from a pesticide firm inEire. RSPB records showed this company had been at thecentre of allegations in 1995 of illegally supplying this product

to gamekeepers in Scotland. Enquiries in Eire by the PesticideControl Service resulted in a warning for the company.

A man from Shropshire was later interviewed. Though therewas no evidence of pesticide supply to other parties, he wasunable to account for why he would need to hold thesehighly toxic professional control products. It was thereforedisappointing that this matter was considered suitable forcaution. Based on previous cases, the nature of the productsand conditions of storage, the RSPB felt this course of actionwas not appropriate. Two men in North Yorkshire have beencharged with a number of pesticide-related charges and thematter has been listed for trial.

The National Gamekeepers’ Organisation (NGO) laterpublished an article accusing the police and others ofpersecuting gamekeepers. This failed to mention thepresence of the poisoned birds and the NGO refused toprint a response from the RSPB outlining the full facts of the investigation.

Though disappointed with the decision to caution oneindividual, the RSPB are very grateful for the efforts of both police forces, Natural England and DIS in workingtogether to investigate this matter. The abuse of pesticidesremains a serious problem, and hopefully one line ofsupply of products for wildlife poisoning may now havebeen disrupted.

A dead buzzard killed by a rabbit bait

laced with the pesticide alphachloralose

on a sporting estate in North Yorkshire.

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Pigeon fancier sings like a canary!On 23 October 2007 at Sunderland

Magistrates’ Court, David Colwill, a

pigeon fancier from Horden Dene,

Easington Colliery, County Durham,

pleaded guilty to two offences under

the Wildlife and Countryside Act 1981

of setting a cage trap to take wild

birds, and one offence of failing to

provide a duty of care under the

Animal Welfare Act 2006. He was

fined £600 and £60 costs.

On 6 September, following informationfrom a member of the public, RSPB

Officers attended the area anddiscovered a set cage trap in the rearof a large secluded garden, adjacent to pigeon lofts. There were three livecanaries in the decoy department.Such decoy birds can never be used in cage traps legally, and the RSPB hadno doubt the trap was intended forsparrowhawks, which are sometimesunpopular around pigeon lofts.

On 10 September, RSPB officerssuccessfully filmed Colwill taking thecage trap from his pigeon lofts andsetting it in his garden. This wasreported to the Durham Police, and on 13 September, PC Hughes, assistedby the RSPB and RSPCA, undertook a search of the land at the premises.Colwill was present when the cagetrap was discovered in a storage areaof the pigeon lofts and he initiallyclaimed it was merely for holding hissinging canaries. He was arrested andinterviewed and admitted setting thecage trap, though he claimed it was for catching magpies.

The impact of raptors has been a topicof regular debate amongst the racing

pigeon community, and there have beendemands to allow culling, particularly of peregrines and sparrowhawks, whichmay attack racing pigeons during racesand around the lofts.

Government-commissioned researchhas found that attacks by sparrowhawksat UK lofts accounted for an annualcollective loss of 2.7 birds per loft,equivalent to 3.7% of the racing pigeonpopulation, though with some loftssuffering higher losses. It is important to put this in context with other losses –86% of pigeon losses are unrelated tobirds of prey. These include birdsbecoming lost, joining feral flocks ordying due to fatigue, collisions, poorweather or other factors.

The RSPCA had concerns over thewelfare of the canaries that were usedas live bait in the trap, and assisted inobtaining a statement from a vet inrelation to this. It is believed this is thefirst time the Animal Welfare Act hasbeen used in relation to decoy birds.The RSPB would like to thank PC PaulHughes, RSPCA Inspector GrahameFoggin and the CPS for their assistance.

In October 2007, following a two day trial at Telford

Magistrates’ Court, Mark Paddock, 37, of Coronation Drive,

Donnington, Telford, was convicted of an offence contrary

to Section 11(2)(c)(iii) of the Wildlife and Countryside Act

1981 using an artificial light for the purpose of killing or

taking a badger (listed on Schedule 6 WCA). The District

Judge imposed a 90-day suspended sentence, a 90-day

curfew between 20.00 hrs and 05.30 hrs, 200 hours’

community service and £2,600 costs. Ian Briggs of the

RSPCA SOU reports:

‘The case stemmed from a search warrant executed at Mark Paddock’s property by West Mercia Police and RSPCA SOU in connection with a badger digging incident in January 2006. Badger digging paraphernalia (such aslocators and books on badger digging), a mobile phone and two knives were seized, as well as two dogs, bothexhibiting old injuries consistent with coming into contactwith badgers.

Forensic examination of the phone by the police computercrimes unit revealed video footage taken by that phone ofPaddock’s two dogs attacking a badger at night whilst heilluminated the scene with a torch. Voice analysis of thephone confirmed that it was Paddock’s voice encouraging

Badger conviction

the dogs to kill the badger. DNA profiling by Wildlife DNAServices confirmed that one of the knives had traces ofbadger blood still on it.

At trial, Paddock claimed he had killed the badger onhumane grounds as his dogs had accidentally caught itwhilst he was out rabbiting. This was despite him denyingany involvement with badgers at three previous interviews.

The RSPCA would like to thank the West Mercia Police andWDNAS for their assistance with this case.’

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Pigeon fancier David Colwill

caught on camera setting an

illegal hawk trap.

Pigeon fancier David Colwill

caught on camera setting an

illegal hawk trap.

Wheal meet again?Prolific egg collector Gregory Peter

Wheal shows no signs of stopping

despite his ninth conviction since

1987 for egg-collecting offences. On

3 January 2008, Wheal was sentenced

at Coventry Magistrates’ Court to

six months’ imprisonment, having

pleaded guilty to three offences

under the Wildlife and Countryside

Act 1981. Wheal had received a

four-month sentence for similar

offences in January 2006.

Following intelligence gathered by the RSPB and Warwickshire Police, on 19 June 2007, assisted by WestMidlands Police and the NWCU, anumber of search warrants wereexecuted as part of ‘Operation Carron’.

A number of birds’ eggs were seized at one address, some of which werefound in a hidden compartment underthe conservatory floor and werebelieved to have been recently taken in Iceland and Turkey. These eggs were outside the provisions of theWildlife and Countryside Act 1981, but were later destroyed by Defra as they had been imported withoutappropriate health certificates.

At another address, a mounted wildcatwas seized. It is suspected this animal

had been killed using dogs on a trip to France. This skin was confiscatedand a male cautioned for possessionof the animal. At another address, anumber of eggs and other items wereseized. This matter is due for trial later in 2008.

At Wheal’s address, four peregrineeggs and six raven eggs were seized,along with a selection of egg-collectingequipment including containers,climbing irons and books. Wheal was arrested, and during interview he alluded to the fact that he had acollection that he was not about togive up, and that he would like to beable to have it on show.

Following sentencing, an applicationwas made for a CRASBO (Criminal Anti-Social Behaviour Order) to try to restrict his movements during thebreeding season and prevent himassociating with other convicted eggcollectors. At an earlier hearing, whileleaving court, he remarked to the pressthat he would not be giving up eggcollecting. Wheal himself also said that he was in favour of the CRASBOas he found the bird breeding season‘very stressful’.

After nearly two hours of deliberation,the court outlined that the Wildlife andCountryside Act was of outstandingsocial importance and he had blatantlydisregarded this law. In view of theseriousness, custody was the onlyoption. The court was also satisfied thategg collecting constituted anti-socialbehaviour, but decided on this occasionthat a CRASBO was not appropriate.

As it is believed that Wheal still holds a substantial collection of birds’ eggs,and based on past performance, itseems likely he may come to theattention of the authorities in the future.The RSPB would like to thank theefforts of the two police forces, NigelWilkins of the West Midlands CPS andAndrew McWilliam of the NWCU.

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Peregrine eggs held by Wheal.

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Raven

Former Wildlife Crime Officer Sergeant

Pete Charleston of the North Wales

Police reports:

‘In the past seven years, over 2,000wildlife incidents were bought to myattention. Undoubtedly, one incident in September 2006 resulted in far more calls than any other. Not the theft of rare birds’ eggs or illegalbadger hunting, but the harvesting of bluebells from a hillside inLlanaelhaearn on the Llyn Peninsula.

A gang of labourers, employed by acompany in Norfolk, spent six weeksharvesting wild bluebell bulbs with theconsent of the landowner, Mr RichardJapheth. The display of these flowerseach spring is cherished by the local

Bluebells stir public emotioncommunity, and emotions ran high.Both the landowner and therepresentative of the company werespoken to and they maintained that thebluebell bulbs were being removed inexchange for bracken clearance on site.

British bluebells are protected underthe Wildlife and Countryside Act 1981(WCA), but only in respect of sale. The initial explanation suggested thatno offences were being committed.However, ‘sale’ is further defined in the WCA and includes barter orexchange. It seemed clear there hadbeen the provision of labour inexchange for bluebell bulbs.

Both parties were formally interviewed,and it became apparent that over

several years advertisementscontaining offers to purchase wildplants had appeared in a number ofpublications read by the farmingcommunity. Interestingly, theadvertisements invited readers to makemoney without doing anything, butonly contained offers to purchase andmade no mention of sale. (Rememberit is only the sale of protected plantsthat amounts to an offence.) Such anadvert was the catalyst for the activityin Llanaelhaearn.

When interviewed, Mr Darren BrianWoods could not say for certain howmany bulbs had been removed from thesite, but there was an acceptance that itmay well have been 200,000. He alsosuggested that the bulbs had not beenremoved in order to sell to the public,but were to be propagated in Norfolk –the seeds collected and planted withonly the subsequent bulbs being sold.

In September 2007, the case came totrial at Pwllheli Magistrates’ Courtwhere the landowner Japheth was fined£2,000 and Woods was fined £5,000. To my knowledge, this is the first WCAbluebell conviction, with previous casesinvolving theft. I am very grateful forthe assistance and expertise receivedduring this case, including Dr TrevorDines of Plantlife, the biodiversity teamat Gwynedd County Council and theCrown Prosecution Service.’

Catch the pigeon killerOn 30 January 2008, at St Helen’s Magistrates’ Court, Robert

Arthur Sharp of Billington Avenue, Newton-le-Willows,

Merseyside, pleaded guilty to killing five feral pigeons

and the possession of an air rifle in a public place. He

was sentenced to 160 hours’ community service and £150

costs. Merseyside Wildlife Crime Officer, Steve Harris,

takes up the story:

‘In July 2007, a worried resident of Newton-le-Willowsreported that she regularly encountered a man on localpublic footpaths who was shooting at wild birds, includinga pair of buzzards, with an air rifle. Though too nervous toprovide a statement, she was able to point out his address.

Following further enquiries, I executed a search warrant on26 July under the Wildlife and Countryside Act at Sharp’shome. This recovered two expensive air rifles, and a metalbox in the garden that contained the decomposed bodies

of five feral pigeons. Sharp was arrested and admittedusing the air rifles to shoot woodpigeons and rabbits forfood. Later, during interview, he claimed he only killed feralpigeons, which he regarded as ‘flying rats’, no better thanvermin, and he was doing a public service by removingunwanted pests. This appeared to be in breach of theGeneral Licences, and he was charged with two offences.

Importantly, following his guilty plea, the court forfeitedboth air rifles, using powers under Section 52 of theFirearms Act 1968; this allows forfeiture not only ofweapons used in the commission of an offence, but alsoany firearm in his possession.

The case highlights the principle of all wild birds beingprotected and the value of enforcement action, which tooktwo air rifles out of circulation that he was undoubtedlyusing to kill other wild birds.’

It is illegal to sell native bluebells.

Mark T

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NEWS

Bird registration slashedBiodiversity Minister Joan Ruddock

has announced that the UK Bird

Registration Scheme will not be

scrapped altogether, but the number

of species protected by it will be

slashed. The scheme requires owners

of captive birds listed on Schedule 4

of the Wildlife and Countryside Act to

be registered with Defra.

The announcement came after anadjournment debate in Parliament onthe future of the scheme on 23 January.The debate was secured by MartinSalter, Labour MP for Reading West,who made an impassioned plea for the Minister to accept the conclusionsof the conservation community and the police to retain the list of over 40species recommended for Schedule 4listing by JNCC.

In response, the Minister agreed thatshe saw merit in retaining the schemein a much-reduced format. However,she somewhat perversely argued that it had not been possible for Defra to ascertain how it wasfunctioning as a deterrent, nor hadthey seen proof that de-listing wouldpose a threat to the conservationstatus of the birds concerned.

The RSPB believes that Defra intendsto remove all species from Schedule 4, with the exception of seven nativebirds of prey species. JNCC hadoriginally produced a revised Schedule4 list using criteria agreed by all thestakeholders for the 2006 publicconsultation. The revised listcomprised 46 species of native and non-native birds. JNCC advisedthat the conservation status of thesespecies would benefit from thedeterrent effect of registration, and the new list was widely supported by consultees.

However, even before the results of the consultation were published,Animal Health asked JNCC to reassessthe species for inclusion using a set of new criteria which they supplied.JNCC produced a list of 16 native UKspecies that matched these criteria, but made it clear that they did notrecommend this as a way forward.Even this list of 16 appears to havebeen too much for Defra, resulting in it being stripped down to sevenraptors. The species are golden eagle,goshawk, osprey, honey buzzard,white-tailed eagle, and marsh andMontagu’s harrier.

RSPB Investigations Officer DuncanMcNiven said, ‘The RSPB is dismayedat Defra’s decision to ignore the advice of its own scientific advisors,the conservation community and thepolice on this issue. It is disappointingthat they saw fit to give a completelynew, apparently arbitrary, set ofcriteria to JNCC in an attempt toreduce the list of Schedule 4 birdswithout any further consultation. This gives the impression that theconsultation process was a sham and it was their intention to achievethis outcome from the start.’

Defra’s proposed list excludes the 11 non-EU species originally proposed by JNCC, such as Lear’smacaw and Bali starling. JNCC hadargued that registration would assistin the conservation effort for thesecritically endangered species. Defraexcluded them on the grounds thatthat the current EU bird import banmakes their inclusion unnecessary,and that smugglers would not beinclined to register these birdsanyway. However, as the RSPB haspointed out, all 11 species could notbe imported legally under CITES rules before the import ban anyway.In addition, eight of the 11 are already kept in substantial numbers in this country, which provides anideal opportunity for laundering illegal birds. Without registration, it is unlikely that such birds will nowbe traced.

Of the UK-native birds that have been omitted, the peregrine is thespecies of most concern to the RSPB.Traditionally, most criminalityinvolving Schedule 4 birds has centred on this species due to thedemand for it as a falconry bird. Thecrime rate was only reduced in themid-1990s following a series of highprofile court convictions in whichregistration records proved vital intracing birds stolen from the wild for DNA analysis. Although theperegrine population is currently at an all time high of over 1,300 pairsnationally, this figure masks someworrying regional declines. At thetime of writing, the RSPB is lobbyingthe Minister to reinstate this species on Schedule 4.

Peregrine

Ray K

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Forensic Analysis Fund launchedto tackle wildlife crimeA new Forensic Analysis Fund has

been launched to subsidise the forensic

costs for wildlife crime investigations.

The fund has been established by the

PAW Forensic Working Group (FWG)

to support police and customs

investigations of domestic and

international wildlife crime.

For over 10 years, the FWG hasprovided advice on the use offorensics in wildlife crimeinvestigation. Recently the group hasbeen increasingly active, producinguseful information such as the ‘Guideto the use of forensic and specialisttechniques in the investigation ofwildlife crime’ (for a pdf version, visitwww.defra.gov.uk/paw/publications/pdf/wildlifecrime-forensics.pdf) andparticipating in police and HMRCwildlife crime training courses. Thegroup has produced a forensicsampling kit for the preservation and collection of evidence for DNA

analysis. However, the FWG wereincreasingly aware that finances werenot always available to undertakeforensic testing for wildlife offenceseven when this could have beensignificant in securing a prosecution.

Finances for the new Forensic AnalysisFund were kindly donated from threePAW partners, TRACE – WildlifeForensics Network, WWF and the RSPB,who each donated £2,500. The NationalWildlife Crime Unit fund will administerthe fund on a case-by-case basis.

In appropriate cases, the fund willprovide match funding up to 50% of the cost of forensic testing, where it is believed the analysis will have asignificant impact. In certaincircumstances, the fund maycontribute a greater proportion ofcosts. Officers can apply for financialsupport both prior to, or after, thecollection of evidence and a decision

on funding should be made withinthree days of application. For furtherbackground on the fund, pleasecontact the FWG co-ordinator atross.mcewing@tracenetwork.org orcall 07917 533253.

TRACE is an international NGO thatpromotes the use of forensic science in biodiversity conservation and theinvestigation of wildlife crime. TheTRACE network brings togetherforensic scientists and enforcementagencies. The TRACE network website– www.tracenetwork.org – providesinformation on wildlife forensictechniques, links to wildlife forensiclaboratories and further information on the work of the FWG. Forensicpractitioners and wildlife protectionauthorities are encouraged to registeron the TRACE website. Membership is regulated by TRACE and there is aquestion and answer forum for anymember to seek or provide advice.

Rare wild plantsstolen in KentVirtually the entire population of a

rare wild flower has been wiped out

from a nature reserve in Kent. The

12 meadow clary plants were dug

up in January from Ranscombe Farm

reserve in Kent, managed by the

charity Plantlife.

The theft is being investigated by Kent Police, as meadow clary plantsare specially protected under a 1992amendment to Schedule 8 of theWildlife and Countryside Act 1981. It is an offence to pick, uproot or damageany plants listed on Schedule 8.

The Chief Executive of Plantlife,Victoria Chester, said, ‘The loss of somany meadow clary plants from thesmall population at the reserve isdevastating for the conservation of the species here.’

‘It is particularly distressing becausemeadow clary plants have beenrecorded at this site for more than 200 years, with the first ever UKbotanical record for meadow clarybeing on this same field edge in 1792.Plantlife had been successful indoubling the number of plants overthe last two years through activemanagement of the site, but it maynow be difficult for the population to survive the loss of so many plantsin one go.’

The meadow clary has striking blueflowers, and can grow up to 80 cm tall on chalk or limestone soils in openor rough grassland. It survives as anative population at only 21 locationsin the UK in Oxfordshire, the Northand South Downs, the Chilterns and at one site in Wales. Meadow clary

Wo

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ySto

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The seventh Welsh Police Wildlife and Environmental

Crime Conference, organised by the Countryside Council

for Wales (CCW) in partnership with Dyfed Powys Police,

took place on 21–22 January 2008 at the Metropole,

Llandrindod Wells. Around 130 delegates attended,

representing police forces across Wales and some

English counties, government departments, companies

and voluntary organisations with an interest in wildlife

law enforcement.

The conference was opened by Richard Brunstrom, ChiefConstable of North Wales. This was followed by addressesfrom Andy Evans, the Dyfed Powys Chief Constable, andRoger Thomas, the Chief Executive for CCW. JaneDavidson, the Welsh Assembly Minister for Environment

Welsh Police Wildlife andEnvironmental Crime Conference

Sustainability and Housing, outlined her support for theefforts of CCW and Welsh Police Forces to tackle crimesagainst precious habitats and species in Wales.

There was a variety of talks, including the first prosecutionfor the destruction of a dormice site in the UK, a fishingenforcement review, the role of the Welsh AssemblyGovernment and an update from the National WildlifeCrime Unit. There was also a workshop to explore theeffectiveness of partnership working.

Pete Charleston, in light of his impending retirement, wascommended for his contribution to tackling wildlife crime in Wales, and was awarded the PAW Certificate of Merit byRichard Brunstrom.

WCO Pete Charleston (left) receiving a PAW

Certificate of Merit from Chief Constable

Brunstrom at the Welsh Conference.

The second edition of ‘A Manual of Nature Conservation

Law’, edited by Michael Fry, is now available.

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

Updated NatureConservation Lawmanual available

Ian W

est (RS

PB

)

Nick moves on

In 2006, Browne Jacobson Solicitors introduced the

‘PAW Partner of the Year’ award.

After winning the award last year, the RSPB willinglyrelinquished the title to another much deservingorganisation – the Bat Conservation Trust (BCT). BCT officer Alison Rasey accepted the award, and later outlined the excellent work the organisation was doing to tackle bat crime, support Operation Bat and assist the statutory agencies.

Bat Conservation Trust scoop the PAW partner award

BCT officer Alison Rasey accepts the award from

Tom Huggan of Browne Jacobson Solicitors.

Nick Williams, away from the office,

checking out a peregrine breeding site.

N W

illiams

G S

ho

rrock (R

SP

B)

After many years of commitment to wildlife crime issues,

Nick Williams has moved on to new pastures, though still

within Animal Health.

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

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

In the early 1990s, following the early enforcement successeswith DNA profiling, Nick masterminded the introduction ofthe use of DNA profiling by the Wildlife Inspectorate to checkcaptive breeding claims. He was involved with the PAWForensics Working Group from the outset, which he chairedfor a number of years, and for which he helped to securefunding for a range of projects. Nick also helped introduceground-breaking statutory DNA sampling powers in theCountryside and Rights of Way Act 2000.

The RSPB believes this work, in conjunction with otherenforcement work, was instrumental in the success of DNA profiling to tackle the illegal laundering of birds ofprey. It is somewhat ironic that as Nick moves on aftermany years of progress with DNA profiling, Defra isproposing to dramatically downgrade the bird registrationscheme, and hence the ability to use such methods.

The RSPB would like to pay tribute to the enthusiasm anddedication of Nick over many years, and wish him all thebest for the future.

PAW seminar news

Vernon Coaker MP, the Home Office Under Secretary of

State for Crime Reduction, announced to the Partnership

for Action Against Wildlife Crime Steering Group meeting

held on 6 February 2008 that the Home Office would

provide £150,000 per annum for the next three years

towards funding the NWCU. The Steering Group, through

the Joint Chairs Hilary Thompson and Richard Brunstrom,

welcomed this announcement.

Defra, who have supported the unit from the outset, havealso agreed to commit £150,000 per year for the three-yearperiod. This move is welcomed by the RSPB as it secures

National Wildlife Crime Unit(NWCU) funding secured

the future of the Unit, which was launched in Scotland in2006. It also signals cross-government determination totackle wildlife crime in the UK through properly resourcedintelligence-led policing.

Confirming the funding, Minister for Biodiversity, JoanRuddock, said, ‘The Wildlife Crime Unit is an important partof the UK’s armoury in the fight against this unacceptableand destructive crime. The Government is committed totackling wildlife crime, and this joint funding from Defraand the Home Office will allow the unit to continue itsimportant work to reduce the significant harm it causes.’

The annual PAW open seminar was held on 27 February

2008 at Kew Gardens, London. The day was chaired by

Chief Constable Richard Brunstrom and Hilary Thompson

from Defra, and saw some excellent presentations on a

range of diverse subjects.

The UK wildlife crime priorities were outlined for 2008,which included hen harriers, bats, illegal trade in CITESspecimens, freshwater pearl mussels and poaching.

Presentations from a number of speakers focused on these areas. Paddy Tomkins, the HM Chief Inspector ofConstabulary for Scotland, outlined a recent Thematic

Review of wildlife crime enforcement in Scotland due to be published shortly.

The highlight was perhaps the candid presentation from PC Nigel Lound, the recent winner of the PAW 2007 WildlifeEnforcer of the Year award.

His forthright views on wildlife crime enforcement posedmany questions. This included the lack of full time WCOs,the loss of important legislation like the Bird RegistrationScheme and the fate of previous winners of this prestigiousaward who are no longer in post.

Mark H

amb

lin (rsp

b-im

ages.co

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Hen harrier

The ultimate chapter of the UK red kite reintroduction will

begin in 2008 when the RSPB in Northern Ireland embarks

on a three-year project to return red kites to the skies of

County Down after an absence of more than 200 years.

This is the first wildlife reintroduction to take place in

Northern Ireland.

Today, Northern Ireland boasts the lowest reported wildlifecrime rate in the UK, and illegal hunting is no longerconsidered a threat to the survival of red kites. However,incidents do still occur in the UK (see Legal Eagle 51) andwithin the Republic of Ireland. The Golden Eagle Truststarted a reintroduction project in County Wicklow in 2007and lost two birds to shooting and poisoning. However, the banning of some poisoned baits in the Republic hasbeen a huge step forward.

The support of local landowners will be essential to the redkite reintroduction, and work undertaken to assess people’sattitudes have been met with unanimous support. Red kitestake mainly rodents, insects, and young rabbits, with carriona major part of their diet. Land users and community groupswill be consulted individually and assured that the red kiteposes no threat to livestock or game interests.

A range of media events is also being launched to supportthe project. Red kites and birds of prey in general will beincorporated into education projects in local schools. Thechildren will be encouraged to name the released kites,inspiring a sense of ownership amongst the local community.Robert Straughan, the RSPB Project Officer, is confident thatlocal people will warm immediately to the kites and will soonbe able to enjoy a genuine spectacle of nature.

Red kites toreturn to Northern Ireland

Red kite

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(rsp

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)

Under Section 8 of the Pests Act 1954, it is an offence to

use or knowingly permit the use of any spring trap other

than a trap that has been approved by Order.

The Spring Traps Approval Order 1995 approves 13 types of spring trap for use in England and Wales. On 1 October 2007 a further Order was issued, the Spring Traps Approval (Variation) (England) Order No. 2708 of2007, approving a further seven types of spring trap for use in England only.

For a full copy of the Order go to:www.opsi.gov.uk/si/si2007/uksi_20072708_en_1

England springs into action

Natural England has taken over responsibility from

Defra for issuing Open General Licences under the

Wildlife and Countryside Act 1981. This change applies

to England only.

The content of the licences remains largely the same as before but they have all been renumbered.Visit www.naturalengland.org.uk/conservation/wildlife-management-licensing/genlicences.htm for further information.

Natural England conducted a full public consultation on general licensing in early 2008.

Natural England issuesnew general licences

After 30 years of service, Pete Charleston has retired from

the North Wales Police. For the past seven years, he has

been the Wildlife Crime Officer for the force and was the first

police officer in the UK to be seconded to a statutory nature

conservation organisation. Pete supervised the force’s

investigation of over 2,000 wildlife crimes.

His interest in wildlife crime dates back to the early 1990swhen, as a hard-pressed custody sergeant in Holyhead, hewas contacted by the RSPB about egg collectors trying to take roseate tern eggs from a site in Anglesey. This eventuallyled to the conviction of two men from the West Midlands.

One of the cases that bought most personal satisfactionoccurred in the summer of 2006, and resulted in theconviction of an Operation Easter target for the disturbance

Pete Charleston retiresof nesting goshawks. The case led to the first ever exclusionorder being imposed, preventing the offender from enteringnature reserves or National Parks for 12 months. Althoughthe case was tinged with sadness because the nest wasdeserted, Pete believed the investigation demonstrated thetrue benefits of partnership working at a number of levels.

Mr Brunstrom, Chief Constable of North Wales, was oftenheard to comment that Pete had taken him too literally,when he told Pete that he would not be judged on thenumber of prosecutions he had undertaken. We suggestthat other convictions relating to birds, great crested newts, tortoises and bluebells, not to mention other casesrelating to SSSIs, tell a rather different story. Whilst out ofthe frying pan, Pete is now working for Mr Brunstrom overthe next 12 months on ACPO wildlife crime issues.

Allan Mee with the two

poisoned white-tailed eagles.

Valerie O’S

ullivan

White-tailedeagles poisonedin IrelandAn attempt to reintroduce white-tailed eagles to Ireland

has suffered a setback. Two of the birds that were released

in Killarney National Park, County Kerry, in August 2007,

have been found poisoned. Analysis confirmed that both

birds had been poisoned with two different poisons –

alphachloralose and Trodax (nitroxynil). A sheep found

near one of the eagles was laced with alphachloralose.

All native birds of prey, including released white-tailed

eagles, are fully protected in the Republic of Ireland.

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

Project Manager, Allan Mee, said, ‘White-tailed eagles wereonce driven to extinction in Ireland due to shooting andpoisoning, and the success of this project in Kerry willultimately depend on the continuing support and goodwillof all the local community. Even if a handful of individualsstill use poison-meat baits, as has been a traditional practiceand habit, that could ultimately cause the project to fail.’

Surprisingly, whilst putting out poisoned meat baits isillegal in Ireland, other forms of poison bait can still belegally used to control crows, ravens and foxes, such aseggs, bread and butter, chips or grain.

UK Headquarters

The Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551

Scotland Headquarters

25 Ravelston Terrace, Dunedin House, Edinburgh EH4 3TP Tel: 0131 311 6500

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 Wales no. 207076,Scotland no. SC037654. 232-0652-07-08

Northern Ireland Headquarters

Belvoir Park Forest, Belfast BT8 7QTTel: 028 9049 1547

Wales Headquarters

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

The RSPB

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

www.rspb.org.uk

We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions

in your force. Send your articles to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL,

by e-mail to ian.west@rspb.org.uk or by fax to 01767 693078. The views expressed in Legal Eagle are not necessarily those

of the RSPB. Please help us keep the WCO mailing list up to date by sending any changes to elizabeth.gilder@rspb.org.uk.

Write to be read

Cover: Guy Shorrock (RSPB)

Illegal Bolivian parrot trade rifeA recent study has found a thriving

trade in rare parrots at a pet market in

Bolivia. The study, which monitored the

wild birds that passed through a pet

market in Santa Cruz between August

2004 and July 2005, recorded nearly

7,300 individuals of 31 parrot species,

of which four were globally threatened.

As a CITES member, Bolivia allowstrade in Appendix II species but banstrade in Appendix I species. BennettHennessey, the Executive Director ofArmonia – the Bolivian Partner ofBirdLife International – said, ‘Webelieve our study describes only asmall proportion of the Bolivian parrot

trade, underscoring the potential extentof the illegal pet trade and the need forbetter Bolivian law enforcement.’

Bolivia appears to serve as a link for thewildlife trade between Brazil and Peru,with inexpensive species sold for theinternal market, but threatened andmore valuable birds traded to middle-men with Peruvian trade connections.Two Lear’s macaw chicks (criticallyendangered) and four hyacinth macawchicks (endangered) passed through the market during the study period.

The EU permanently banned allimports of wild birds in July 2007.

Tension increases in Malta

INTERNATIONAL

Despite Malta’s recent accession to the

EU, wildlife crimes have continued. In

2006, the RSPB sent a 114,000-strong

petition to the Maltese government

from RSPB members condemning the

illegal hunting of birds, which

continues to bring shame on Malta.

In February this year, new problemsarose when an arson attack destroyed

three cars belonging to BirdLife Maltavolunteers. Two of the cars belonged toBirdLife Malta council members, whilethe third car belonged to an Americancitizen. All three had been carrying outscientific ringing studies on birds.

The RSPB’s International Director,Alistair Gammell, said, ‘Unfortunately,this cowardly act of vandalism towards

BirdLife Malta is not the first, asprevious acts have seen the mindlessuprooting of trees at a BirdLife Maltanature reserve.’

‘We fully support the work of ourpartner that is working so valiantly to improve the environment for Maltaand all of its inhabitants, 90% of whomoppose illegal hunting.’

Critically endangered Lear’s

macaws were smuggled

through Bolivian markets.

Gu

y Sh

orro

ck (RS

PB

)