Birdcrime. Offences against wild bird legislation in 2012

Transcription

1 Birdcrime Offences against wild bird legislation in 2012

2 Contacts The RSPB UK Headquarters The Lodge, Sandy, Bedfordshire SG19 2DL. Tel: Northern Ireland Headquarters Belvoir Park Forest, Belfast BT8 7QT. Tel: Scotland Headquarters 2 Lochside View, Edinburgh Park, Edinburgh, EH12 9DH. Tel: Wales Headquarters Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB. Tel: rspb.org.uk Contents Foreword 4 A manifesto for change 6 Comments 10 Summary of reported incidents Poisoning Shooting and destruction of birds of prey Egg collecting and disturbance Trade in wild birds and taxidermy Prosecutions in Review of Partnership for Action Against Wildlife Crime 48 RSPB International update 51 Appendix I Incidents reported to the RSPB Appendix II Regional breakdown of incidents reported in Appendix III Confirmed and probable bird of prey and owl persecution during Appendix IV Confirmed poison abuse incidents during Appendix V Schedule 1 nest robberies during The Partnership for Action Against Wildlife Crime (PAW) PAW is a multi-agency body comprising representatives of the organisations involved in wildlife law enforcement in the UK. It provides opportunities for statutory and non-government organisations to work together to combat wildlife crime. Its main objective is to promote the enforcement of wildlife conservation legislation, particularly through supporting the networks of Police Wildlife Crime Officers and officers from HM Revenue and Customs and the UK Border Agency. Please visit for more information. Appendix VI Wild bird-related prosecutions in The views expressed in Birdcrime are not necessarily those of the RSPB or PAW. 3

3 Foreword Foreword Martin Harper Conservation Director Grahame Madge (rspb-images.com) Persecution is so common and widespread that it is the most important factor limiting populations of some treasured and iconic species, including hen harriers, golden eagles, peregrines and, in some areas, goshawks and red kites. This is a stain on the conscience of our country. Birds of prey are iconic and magnificent. Seeing a buzzard circling lazily overhead always brightens my day, and I m not alone in that view. Birds of prey inspire poets, artists, song writers and ordinary people like me, as they have for centuries. Despite this, our raptors are far from secure. Although there have been fantastic recoveries of the populations of many raptors, illegal persecution continues to thwart their conservation. As the pages of this report make abundantly clear, the illegal persecution of birds of prey continues at unacceptable levels. Any illegality is too much. Actions speak louder than words. It s a well-known saying, and one that is true. Recognition of an important fact is a vital first step, but without action to back up those words, they are empty and meaningless. The importance of tackling the illegal persecution of birds, and birds of prey in particular, has been widely and repeatedly recognised by Governments across the UK. This is welcomed. Persecution of birds of prey is a wildlife crime priority. Hen harriers, which are most affected by this illegal activity, are a priority for conservation action. There have been myriad important statements of both recognition and intent. Together, they convey two clear messages: illegal persecution of birds of prey is wrong, and a significant problem which must be addressed. However, despite fine words, we have been disappointed by the level of action from politicians and some parts of the landowning and shooting communities. In 2013, no hen harriers bred successfully in England for the first time since the 1960s. These spectacular birds have been virtually lost from the English uplands, despite enough habitat to support more than 300 pairs. They are also absent from vast swathes of suitable habitat in southern and eastern Scotland. Concerted action to restore hen harriers to their former upland haunts is long overdue. We are not lacking good ideas for improvement. In Birdcrime 2011, it was pointed out that a unique set of circumstances were presenting themselves that, if acted upon, represented a real opportunity to make a lasting difference. The Law Commission was undertaking a review of wildlife legislation. The House of Commons Environmental Audit Committee (EAC) had launched an inquiry into wildlife crime. The police service was being re-organised with the creation of the National Crime Agency (NCA) and the introduction of Police and Crime Commissioners (PCC). In our Manifesto for Change in Birdcrime 2011, we outlined the changes that Governments across the UK needed to make in order to seize this opportunity. In this year s report we include an assessment of Government progress in each of these key areas (page 6). For example, the EAC inquiry produced a series of very sensible recommendations relevant to persecution of birds of prey on controls on possession of pesticides and vicarious liability making landowners legally responsible for the actions of their gamekeepers. Unfortunately, none of the recommendations have been progressed. The Law Commission interim report on changes to wildlife legislation also contains some interesting ideas, but the devil will be in the detail when the draft legislation is published sometime in We await the draft bill with interest. In Scotland, we have seen welcome progress. We think that it is right for estate owners to be held responsible for the actions of their staff who commit wildlife crimes. Vicarious liability has been introduced here, and we believe it may be acting as a deterrent, reducing poisoning incidents. With these initial positive signs, it s doubly disappointing that similar measures have not been introduced elsewhere. It is early days, but this apparent progress, in conjunction with the political support from Scottish Government, gives me some confidence that things are moving in the right direction. I am also heartened by the response of some PCCs to their electorate s calls for more to be done by local police forces to tackle wildlife crime. Some, such as Alan Charles (page 10), are so concerned that they have made commitments in their police and crime plans. We are aware of some examples of sustainable shooting practices, but the constant flow of illegality identified in these pages undoes all this good work in the eyes of many. It is not fair that the work of those good guys is tarnished by the illegal actions of the bad but tarnished it is. Illegal actions give the whole shooting community a bad name. We need the good guys to be more vocal in stepping up to condemn it. We think we know how we can defeat raptor persecution, by the use of improved enforcement, improved legislation and wider use of techniques such as diversionary feeding. More than these, we need the political will to implement these policies. We at the RSPB will continue to do all we can, both through the excellent work of our dedicated investigations team and via our wider conservation work, but we need others to step up to the challenge, too. The challenge is twofold. Firstly, to grouse moor owners and managers, to respect the law, allow birds of prey to flourish and demonstrate sustainable land management. Secondly, Governments across the UK must demonstrate real commitment and action to tackling illegal persecution, not just in words, but through actions. The once-in-a-generation opportunity we highlighted in Birdcrime 2011 to consign illegal persecution of birds of prey to the pages of history is slipping away. Actions speak louder than words. The time for decisive action is now. Peter Cairns (rspb-images.com) 4 5

4 A manifesto for change A manifesto for change Assessment of progress Last year s report, Birdcrime 2011, challenged the Governments across the UK to change the behaviour of those responsible for committing crimes against wild birds by improving wildlife laws and reforming policing of wildlife crime. Since then, the House of Commons Environmental Audit Committee (EAC) has published its report on wildlife crime and made a number of recommendations to which the Westminster Government has now responded. In October 2013, The Law Commission published the interim findings of its review of wildlife law in England and Wales. The Government has given the go-ahead for the Law Commission to produce a draft bill, due in summer Here we assess what progress, if any, has been made to date by Government in addressing the recommendations raised in the RSPB s Manifesto for Change last year. Recommendations enacted None of the recommendations have been actioned by Government yet. Good progress To date, no good progress has been made on any of the recommendations. Some progress There are some Government actions to report. These are outlined here. Recommendation 1: Introduce offence of vicarious liability. There is strong evidence of a link between raptor persecution and land managed for driven grouse shooting in the uplands of England and parts of Scotland. Currently, the law does not target those who encourage or require their employees to break the law by killing birds of prey. An offence of vicarious liability was introduced in Scotland in This imposes criminal liability on persons where their employee, agent or contractor commits an offence so, for instance, landowners become responsible for their gamekeepers actions. The RSPB believes it essential that those ultimately responsible for enterprises where raptor persecution can be proven to have taken place should be made accountable. RSPB assessment: The EAC recommended that the Government should monitor the impact of vicarious liability in Scotland and report back to the EAC in twelve months with a view to implementing it in England and Wales. The Government said it would wait to see what the effect of prosecutions would be over several years, kicking this recommendation into the long grass. The Law Commission has recognised that criminal liability needs to be extended to cover employers but has opted for an offence of knowingly permit rather than create an offence of vicarious liability. Careful consideration will need to be given to how such a measure could be used or amended to improve the conservation of wildlife. Recommendation 3: Increase penalties available to courts for wildlife offences. The current maximum fine for offences tried in Courts under the Wildlife and Countryside Act 1981 of 5,000 and/or up to six months in prison is inadequate. Penalties should be increased to a maximum 50,000 fine and/or up to 12 months in prison in the Court, and unlimited fines and/or up to five years in prison in the Crown Court. RSPB assessment: The EAC asked the Government to review whether sentences were providing a sufficient deterrent, but the Government deferred to the Law Commission review. The Law Commission acknowledged that the seriousness of some wildlife crime is not matched by the penalties available in the Courts and recommends an option for some wildlife crimes to be tried on indictment at the Crown Court where higher penalties are available. Recommendation 4: Modernise regulation of game shooting. The UK is unusual in Europe and North America in having no form of, or potential for, the regulation of game shooting by individuals or service providers. An option to withdraw the right of an individual to shoot game, or businesses to supply shooting services, for a fixed period following conviction for a wildlife or environmental offence, should be considered. RSPB assessment: The Law Commission proposes regulation of hunting by means of licences, but we await the details of their proposals to see how effective this could be. Steve Knell (rspb-images.com) 6 7

5 A manifesto for change A manifesto for change Recommendation 5: Add reckless provisions to all intentional offences. Reckless provisions with respect to certain disturbance offences already exist. These originated from the failure of a number of wildlife cases where, although clear harm was done to protected species and the perpetrators appeared well aware of the risk of harm, it was not possible to prove beyond all reasonable doubt that they intended harm. The Scottish Government added recklessly to all intentional offences in 2004 this should be the case across the UK. RSPB assessment: The Law Commission proposes to define a new term to transpose deliberate offences as defined in the EU Directives. We await further details on this proposed definition to see how effective it could be. Recommendation 7: Task the NCA with tackling serious and organised wildlife crime. The National Crime Agency commenced operations in 2013, with a remit to tackle serious and organised crime across the UK. The RSPB believes that some aspects of wildlife crime, including bird of prey persecution, fall into this category. Responsibility for leading enforcement efforts should therefore lie with the NCA, with the NWCU providing intelligence support as required. RSPB assessment: The NCA began operations in September 2013 and by October had already been involved in a seizure of CITES specimens working alongside the Border Force and the NWCU. However, the NCA needs to expand its remit to include the investigation of the serious and organised nature of bird of prey persecution crimes. Recommendation 9: Prioritise enforcement in wildlife crime hotspots. Agreeing local policing priorities is properly done at individual force level, but the appointment of Police and Crime Commissioners should help ensure that the views of local communities and national policing priorities are taken into account. While wildlife crime is widespread, its impacts are often focused in particular areas, depriving local communities of the spectacle of, and economic benefits that can flow from, the presence of spectacular wildlife. In such hotspots, policing resources need to be protected and, in some cases, increased, if wildlife crime is to be tackled. RSPB assessment: We are encouraged that some PCCs, for example Alan Charles in Derbyshire, have recognised the importance of tackling wildlife crime and are taking action, but we need more evidence that other PCCs are following suit. Recommendation 10: Use wildlife crime priority delivery groups to co-ordinate action. The UK wildlife crime priorities, which draw upon scientific evidence and prosecution data agreed by government and enforcement agencies, remain a necessary means of prioritising prevention, intelligence and enforcement activity. Delivery of the raptor persecution priority has been mixed, with good progress in Scotland but slower progress elsewhere. The delivery groups must be supported adequately by the police, and appropriate accountability arrangements introduced. RSPB assessment: The England and Wales Raptor Persecution Priority Delivery Group has finally produced some maps to show where birds of prey have been poisoned, but much more action is needed from this group. No progress Recommendation 2: Enact possession controls on pesticides used to poison wildlife. The impact on birds of prey and other wildlife of illegal poisoning is of particular concern. It has often proved difficult to bring those responsible for such incidents to justice. The Natural Environment and Rural Communities (NERC) Act 2006 prohibits the possession of certain listed pesticides without legitimate reason, but no proscribed pesticides are listed. The Scottish Government enacted similar legislation in 2004 with a proscribed list of pesticides, resulting in at least 14 successful convictions to date. Northern Ireland has introduced similar legislation without creating the schedule of pesticides. RSPB assessment: The EAC included a recommendation in their report that the Government should immediately produce an Order under the NERC Act proscribing possession of carbofuran and other similar substances in England and Wales, but Ministers declined the opportunity to strengthen controls on possession of pesticides. No progress in Northern Ireland either. Recommendation 6: Secure the long-term future of the NWCU. The RSPB believes it is vital that the function of the NWCU is preserved, enhanced and adequately resourced, to provide stability and enable long-term operational planning to tackle the UK Government s wildlife crime priorities. RSPB assessment: funding secured until March 2014, but no long-term commitment. The Under-Secretary of State for the Environment, Food and Rural Affairs, George Eustace MP, stated in a debate on wildlife crime on 10 October 2013 that all current funding partners are considering their positions on future funding. Recommendation 8: Enable Natural England to protect wildlife and the places where it lives more effectively. Legislation for dealing with illegal activity affecting protected sites is broadly fit-for-purpose, although enforcement powers should be standardised with those for species offences. Recent events suggest a presumption against taking robust enforcement action when damage occurs to protected sites in England. This is compounded by a lack of analysis of compliance with, and efficacy of, restoration orders. RSPB assessment: no progress. Recommendation 11: Improve recording and reporting of wildlife crime. The RSPB believes that reliable data are essential to monitoring the extent of wildlife crime and whether enforcement and other measures are effective. However, statutory efforts to record wildlife crime remain disjointed and inconsistent. Serious wildlife crimes with major conservation impacts such as poisoning eagles, should be recorded by the Home Office, in the same way as crimes, such as minor theft. A reliable system for retrieving wildlife-related prosecutions is also needed, to help provide sentencing advice for courts and to assess sentencing consistency. RSPB assessment: no progress. Recommendation 12: Improve co-ordination between statutory agencies. Significant sums of public money are provided to those managing the countryside through Single Farm Payments (SFPs). To target effectively, and penalise, those involved in perpetrating wildlife crime, it is essential that the full range of relevant offences are covered by cross-compliance rules and that the value of government interventions is maximised. For example, all wildlife crime cases occurring on land registered for SFP should Chris O'Reilly (rspb-images.com) be notified to the Rural Payments Agency as a matter of course. RSPB assessment: no progress. Recommendation 13: Establish a Wildlife Crime Unit in Scotland. Combating wildlife crime has been signalled as a Scottish Government priority, and we welcome this support. As part of the current reform of policing structures in Scotland, including the formation of a single Scottish Police Service, it is essential that full provision is made for effective wildlife crime enforcement. We recommend the establishment of a full-time, well-trained and flexible Wildlife Crime Unit, which is able to operate across the country, as well as the maintenance of the local Wildlife Crime Officer network. RSPB assessment: The status quo is maintained. Following the introduction of the Scottish Police Service there is one full time co-ordinator role and a number of full time WCOs across the new police divisions. The part-time WCO network remains in place. 8 9

6 Comment Guy Shorrock (RSPB) Derbyshire Police Comments wildlife crime to report it to their local police. Alan Charles Police and Crime Commissioner for Derbyshire Derbyshire Police and Crime Commissioner (PCC) Alan Charles shares his views on the seriousness of wildlife crime and why it should be a priority for every force. When people think of organised crime, they imagine densely populated urban areas and gangs smuggling drugs, arms or people. The reality is that organised crime can take place just about anywhere, including some of the most beautiful natural landscapes in Britain, where the rewards are just as lucrative. Increasingly, organised crime gangs are looking to the British countryside to make illegal gains through wildlife. In an area such as Derbyshire, which boasts some of the most picturesque scenery in the country, tackling wildlife crime and animal cruelty has become a hugely critical part of the policing agenda so much so that it has become a priority in its own right within my first Police and Crime Plan. I m pleased to say that in response, the Chief Constable s delivery plan formalises and puts in place a clear structure for dealing with wildlife crime. The Peak District is home to an abundance of wildlife, including various species of birds of prey. Organised criminal activity has The Derwent Valley has endured a catalogue of persecution incidents against birds of prey had serious consequences on goshawk and peregrine numbers on the High Peak Moors. Where there were healthy and significant numbers of breeding pairs of goshawks and peregrines less than ten years ago, sadly these are now virtually extinct following a series of incidents. Recently, the Derwent Valley has endured a catalogue of persecution incidents against birds of prey involving the shooting, trapping and nest destruction of protected birds. In one incident, a goshawk s eggs were smashed in the nest days from hatching. Wildlife crime has traditionally been seen as an easy target because it happens away from busy streets and patrolling police officers. But just because the setting is quiet and idyllic, this doesn t mean the criminals intent on pillaging our countryside is being given free reign. In Derbyshire, we re seizing on new and advanced methods of intelligence to flush out criminals who look to the countryside as an easy way of engaging in criminality. Evidence shows that many of those responsible for wildlife crime are also connected to other areas of criminality and detection can expose an intricate web of offending another reason for investing resources into this style of criminality. Derbyshire has an excellent reputation for responding to wildlife crime, as recognised by the RSPB recently. Our Wildlife Crime Officers are using a number of channels to detect and deter wildlife crime and animal cruelty. Increasingly, the public is strengthening our work with good, well-informed intelligence, which has amounted to some very high-profile prosecutions, including for illegal hunting with hounds. Before being elected as Police and Crime Commissioner, I pledged to protect Derbyshire s beautiful countryside from wildlife criminals and I m passionate about achieving this. Wildlife crime has become a key national priority, which means forces and partners can all share and learn from one another s experiences to enhance investigation techniques. At the same time, the penalties of breaching wildlife laws are becoming harsher to reflect the seriousness at which this crime is being treated. Like other forms of organised criminality such as drug dealing, the public can play a vital role in the journey to prosecution, and we are keen to stretch these links in Derbyshire to the maximum to keep one step ahead of those intent on harming our natural heritage. I strongly urge anyone who witnesses any evidence of wildlife crime to report it to their local police. Nevin Hunter, Head of the National Wildlife Crime Unit (NWCU), gives an insight into future developments in the fight against wildlife crime The NWCU remains absolutely committed to bring those who commit bird crime to justice. It has worked closely with the RSPB on a number of cases supporting Police forces over the past year. As an intelligence unit, we continue to record and share intelligence with law enforcement agencies concerning the people who are suspected of committing bird crime in all its forms. We work closely with the police and partner agencies to drive forward investigations against anyone illegally killing or attempting to kill birds of prey. The advice and guidance of our highly experienced Investigative Support Officers is a free service offered to all police forces across the UK and their skills, coupled with relevant advice and guidance from key partner agencies, such as the RSPB, will enable us to take robust enforcement action wherever we can. The NWCU is driving the development of an Integrated Policing Model for Police Wildlife Crime Officers to tackle wildlife crime in all its facets. This will include a Standard Operating Procedure to ensure that all investigative opportunities are taken to ensure that criminals are brought to justice. Coupled with the work of the respective Raptor Persecution Priority Delivery Groups (RPPDG) covering Scotland and England/Wales respectively this will ensure that prevention, intelligence and enforcement opportunities are maximised. The RSPB remain a key partner in this work. Nevin Hunter, Head of the UK Police National Wildlife Crime Unit Guy Shorrock (RSPB) 10 11

7 Summary of reported incidents in 2012 Summary of reported incidents in 2012 This report summarises offences against wild bird legislation reported to the RSPB in Visit rspb.org.uk for further copies, or contact the RSPB Investigations Section at The Lodge, Sandy, Bedfordshire SG19 2DL. Birdcrime is a unique publication. It is the only centralised source of incident data for wild bird crime in the UK. Since 2009, Birdcrime reports have not included a total reported figure for all categories of wild bird crime. The RSPB is currently focusing its finite resources on wild bird crime affecting species of higher conservation concern, and crime that is serious and organised. Incidents are recorded in three categories: Unconfirmed The circumstances indicate an illegal act has possibly taken place. Probable The circumstances indicate that by far the most likely explanation is an illegal act has taken place. Confirmed The circumstances indicate an illegal act has taken place. These incidents are typically substantiated by evidence, such as post mortem or toxicological analysis (for example, shooting and poisoning cases), or reliable eye-witness evidence. During 2012 the RSPB received: 78 reports of poisoning incidents, including 34 confirmed incidents of abuse (see Appendix IV) involving the confirmed poisonings of at least 29 individual birds or animals. 208 reports of shooting and destruction of birds of prey, with the confirmed shooting of 33 individual birds of prey. 25 egg-collecting incidents, including two confirmed and four probable nest robberies from Schedule 1 species. 25 reports relating to illegal disturbance or photography of Schedule 1 birds. 25 reports of illegal taking, possession or sale of birds of prey. 67 reports of illegal taking, possession or sale of wild birds other than birds of prey, predominantly finches. It is believed that these published figures represent only a fraction of the number of incidents regarding each category, as many remain undetected and unreported, particularly those that occur in remote areas. Persecution continues to have a conservationlevel impact on several priority species, including the golden eagle and hen harrier. The UK breakdown of reported bird of prey persecution incidents published in this report shows that 58% occurred within England, 31% in Scotland, 9% in Wales and 2% in Northern Ireland. In 2012, the RSPB received information on 49 individual prosecutions involving wild birds. These cases involved a total of 263 charges, of which 234 were proven. Fines for the year totalled 13,560 and nine people were given prison sentences, eight of which were suspended sentences. Birdcrime figures may vary from other published reports, because data sets compiled for different purposes, using very different methods, are unlikely to be directly comparable. The RSPB has been recording wildlife crimes for several decades using a consistent recording format to allow long-term trends to be detected. Consequently, there will be some variation in how incidents are recorded, assessed and categorised. For example, the RSPB is currently the only agency to have a standardised method of reporting wildlife poisoning cases from information published by the UK government, which is supplied as pesticide analysis data rather than crime data. Due to the ad-hoc nature of the way in which offences are discovered, the conclusions that can be drawn from annual crime figures alone, however they are compiled, will always be limited. A much more complete, and statistically robust, picture of the impact that these crimes have can be gauged though the systematic study of bird populations. For example, Scottish Natural Heritage s (SNH) framework analyses of golden eagles (see Birdcrime 2009) and hen harriers (see Birdcrime 2010) are reviews based on many rigorous long-term studies. They demonstrate the severe effects that illegal killing is having on national populations of these species. Acknowledgements As well as information from members of the public, the RSPB would like to acknowledge the following organisations who have supplied data used in this report: All UK police forces The National Wildlife Crime Unit (NWCU) The Chemicals Regulations Directorate (CRD) Food and Environment Research Agency (FERA) Science and Advice for Scottish Agriculture (SASA) Agri-Food and Biosciences Institute (AFBI) Royal Society for the Prevention of Cruelty to Animals (RSPCA) Scottish Society for the Prevention of Cruelty to Animals (SSPCA) League Against Cruel Sports (LACS) Raptor Study Group Workers Predatory Birds Monitoring Scheme (PBMS) Mark Hamblin (rspb-images.com) 12 13

8 Birdcrime Milestones Police Wildlife Crime Officer and Birdcrime milestones In the last three decades or so, there have been many milestones in the fight against wildlife crime. Perhaps one of the most significant was the appointment of the first Wildlife Liaison Officer the first step in the development of our Wildlife Crime Officer (WCO) network. In 1986, Essex Police Superintendent Terry Rands became the first Wildlife Liaison Officer. Chris Gomersall (rspb-images.com) Police forces recognised the need for specialist wildlife crime officers 1986 The RSPB successfully appeals to the High Court to establish possession of wild birds as an offence of strict liability. The case is still relevant today The RSPB brings first Control of Trade in Endangered Species (COTES) prosecution The first wildlife poisoning incident involving carbofuran. This has become the most persistently abused product, despite approval being withdrawn in The Government de-register many species from Schedule 4 WCA, despite objections from police and conservation agencies. It was slashed to just nine species in The RSPB works with television programme The Cook Report to expose the illegal trade in peregrines taken from the wild The RSPB s last private prosecution: a landmark case. For the first time, DNA profiling is used in a UK wildlife case. A falconer was convicted of possession of goshawks The RSPB uses a private members bill to introduce cause and permit into the Wildlife and Countryside Act For the first time, RSPB surveillance evidence was used to prosecute a gamekeeper who had set a pole-trap. More than 25 successful surveillance based cases have followed The RSPB and other NGOs run the first national WLO conference. The RSPB continued to run the conference until it was taken on by PAW in The RSPB works with Northumbria Police and the Metropolitan Police using DNA profiling. It is used to jail two men for the large-scale laundering of peregrines. The Partnership for Action against Wildlife Crime (PAW) is launched A man is jailed for two years for smuggling CITES specimens after a Customs, RSPB and TRAFFIC joint investigation. His haul included a skull of the critically endangered Philippine eagle Extensive intelligence gathering by the RSPB about egg collectors is used by Tayside Police to set up Operation Easter Three critically endangered Lear s macaws are seized by Customs Officers in North Yorkshire. A man is later jailed for smuggling Scotland gets a new offence of possession of pesticides. Despite numerous convictions, the government has failed to introduce this in the rest of the UK, even now Police launch Operation Artemis to tackle hen harrier persecution with notable lack of support from the shooting industry Criminal Justice (Scotland) Act 2003 introduces custodial sentences The National Wildlife Crime Intelligence Unit is formed the predecessor to the NWCU An egg collector is jailed the first time this has happened after joint work by Northumbria Police and the RSPB. This sentence was possible due to legislative changes in England and Wales made under the Countryside and Rights of Way Act RSPB covert footage leads to the first conviction of a gamekeeper for shooting a hen harrier The first Scottish COTES conviction, after a Dutch national is caught trying to buy wild taken peregrines during a sting operation by Northern Constabulary and the RSPB. He was carrying 4, Launch of the National Wildlife Crime Unit (NWCU) 2007 PAW Northern Ireland is launched, with their first full-time Wildlife Liaison Officer Natural Justice, a report into the prevention, investigation and prosecution of wildlife crime, is published by the Scottish Government Six UK Wildlife Crime Priorities announced, including bird of prey persecution Man jailed after an attempt to smuggle 13 peregrine eggs out of the UK. Most eggs hatched, and the young were returned to the wild The Crown Office and Procurator Fiscal Service set up the Wildlife and Environmental Crime unit in Scotland with specialist prosecutors The Environmental Audit Committee publishes recommendations to tackle wildlife crime. Vicarious liability offences for wildlife crimes introduced in Scotland. All images RSPB 14 15

9 Changing fortunes for birds of prey under the Wildlife and Countryside Act Changing fortunes for birds of prey under the Wildlife and Countryside Act The Wildlife and Countryside Act 1981 (WCA) came into force in September In the following 30 breeding seasons between then and 2012, there have been some dramatic changes in the populations of a number of birds of prey. Encouragingly, most of these are positive. However, it is equally clear that raptor persecution, particularly in many upland areas managed for intensive grouse shooting, remains a persistent and significant problem. The RSPB believes increased legislative pressure has to be brought on those who own and manage these problem areas, if we are to see raptors reach their natural population levels. Here, we examine the fortunes of the six raptor species that have been identified by Government as UK wildlife crime priorities. White-tailed eagles Due to human persecution, these magnificent eagles became extinct as a UK breeding species in A reintroduction project, started in 1975, led to a pair breeding for the first time in By 2012, 67 territorial pairs were established and the population looks set to continue to expand. However, persecution still remains a problem at least seven birds have been poisoned. Golden eagles At the adoption of the WCA, golden eagles were recovering from historical persecution, and there were around 424 pairs. Estimates in 2003 indicated that the population was stable at around 440 pairs. However, persecution remains a serious issue for this species, as evidenced in the Scottish Natural Heritage (SNH) report A Conservation Framework for Golden Eagles, which found that there were many vacant territories. A number of lines of evidence indicated that illegal persecution is principally associated with intensive grouse moor management in the central and eastern Highlands, and is the most severe constraint on Scottish golden eagle populations. Persecution causes an estimated 3 5% drop in adult survival rates. The report confirmed that some parts of Scotland no longer have viable populations of golden eagles, despite ideal habitat. There is clear evidence of decline in areas where illegal poisoning continues. Hen harriers Although formerly widespread, by 1900 hen harriers were persecuted so severely that they only survived on some of the Scottish islands. Recolonisation of mainland Scotland began around 40 years later, and by the start of the WCA, had increased to around 630 pairs across the UK. A scientific study in mainland Scotland between 1988 and 1995 showed there was much lower breeding success on grouse moors compared to other habitats. It was estimated 11 15% of breeding female hen harriers were killed each year on the Scottish mainland. The UK population slowly increased to more than 800 pairs by 2004, but a more recent survey in 2010 showed a worrying downturn of around 20%. SNH s Hen Harrier Conservation Framework Review concluded that illegal killing of hen harriers was the biggest single factor affecting the species. It was having a significant impact on the overall hen harrier population. In England, the situation is particularly serious. In 2012, there was just one successful breeding pair, although there is sufficient habitat in the uplands to support more than 300 pairs. There was also a complete failure of the small breeding population on United Utilities land in Bowland, Lancashire, which, in the past, was the species stronghold. Red kites Only about 10 pairs remained in Wales by the 1930s, despite being a common bird across Britain previously. By the start of the WCA there were still only 46 pairs, all confined to Wales. A reintroduction programme to England and Scotland started in 1989, and extended to Northern Ireland in This has been a great success and the population is now more than 1,600 pairs about 8% of the world population. Unfortunately, the carrion eating habits of this species have made it particularly vulnerable to illegal poisoning. The continuing impact of persecution was dramatically illustrated in a study published in 2010 in the scientific journal Biological Conservation. The study compared the performance of the first reintroduction projects between England and Scotland from 1989 to The English Chiltern population thrived, reaching 320 pairs. In contrast, the Scottish Black Isle population struggled to reach just 41 pairs. The low survival rate of Scottish birds in the first two years was the main factor limiting population growth, and was almost entirely due to persecution. In the absence of persecution, it is believed the Scottish population would have reached more than 300 pairs by Goshawks Goshawks were the first raptor driven to extinction in the UK by persecution. Wiped out in 1883, it is thought repopulation began through releases of falconry birds in the 1950s. By the start of the WCA, the population was estimated at 53 pairs. The latest population estimate indicates there are still only between 280 and 430 pairs, despite available habitat existing for several thousand pairs. Persecution appears to prevent stabilisation of the population, even in suitable areas. For example, declines in the Peak District in recent years are believed to be attributable to an increased level of persecution. Peregrines With around 808 pairs at the start of the WCA, the peregrine population was recovering from historical declines. These declines had been due to the effects of organochlorines in the mid 20th Red kite reintroduction is a conservation success story century. Recovery has continued in most areas of the UK, and peregrines are welcomed in many urban areas a good news conservation story. But although there is now an estimated population of 1,400 pairs, the species remains regularly persecuted, and breeding productivity remains low in many upland areas. A study published in Biological Conservation in 2012 looked at nesting data collected by raptor study groups across northern England between 1980 and Peregrines breeding on or near land managed intensively for grouse shooting bred far less successfully than those in other areas. This was attributed to persecution. Populations on grouse moors would be unable to maintain themselves without immigration from other habitats Dean Bricknell (rspb-images.com)

10 1. Poisoning In 2012, there were 78 reported incidents of wildlife poisoning and pesticide-related offences. This is fewer than the 101 incidents in 2011 and below the average of 134 incidents for the last five years ( ). Abuse of a pesticide was confirmed by analysis of victim and/or bait in 34 cases ( average of 70 confirmed abuse incidents). The confirmed abuse incidents in 2012 involved the poisonings of at least 29 individual birds or other animals. Doug Simpson 29 poisoned birds and other animals This red kite was poisoned by a bait laced with the banned pesticide carbofuran at Tadcaster, North Yorkshire, in October It hatched in Wales in 2009, and is believed to be the first Welsh red kite to have bred in Yorkshire. In addition to the 34 confirmed pesticide abuse incidents, there were also four confirmed incidents of illegal possession of pesticides connected with wildlife poisoning. There were 28 confirmed incidents of birds of prey containing second generation rodenticides. Some of these led directly to the death of the birds. In other cases, the bait contained sub-lethal levels of these products and the birds died from other causes. Examining which pesticide was involved in each of the confirmed abuse incidents revealed that the trends from previous years prevailed. Carbofuran was the most commonly abused pesticide, with 12 confirmed incidents, despite being banned since Bendiocarb closely followed, with 11 incidents. Bendiocarb is still approved for use as an agricultural pesticide, but is widely used to poison protected wildlife. However, in Scotland, its possession is banned under the Possession of Pesticides (Scotland) Order 2005, unless it can be shown that possession was for legal use. In England and Wales, the Natural Environment and Rural Communities (NERC) Act 2006 provides for a similar offence to be created, but the Government has not yet prescribed any pesticides under this legislation. Northern Ireland has introduced similar legislation, but has yet to list any pesticides. All wildlife poisoning data is supplied by the UK government. The RSPB is the only agency to present the pesticide analysis data in a standardised format to reflect wildlife crime incidents. Consequently, there may be some minor variation on how data is presented by other agencies

11 1. Poisoning Case studies 1. Poisoning Case studies Peregrines targeted with live baited pigeons In June 2012, the RSPB was informed that a live racing pigeon was tethered to a rock below an active peregrine nest at a quarry in north Wales. The North Wales Police, with RSPB assistance, recovered the bird, but it died the next day. The body tested positive for banned substance carbofuran when tested by the Welsh Government. A couple of days later, two recently dead juvenile peregrines were found. These were also tested, and again proved positive for the same poison. Further decomposed baited pigeons were found at the site, and it appears they had been placed several weeks earlier as baits for the peregrines. Further investigations failed to lead to any significant lines of enquiry. North Wales Police recovered the live, tethered pigeon RSPB RSPB RSPB This male marsh harrier was found poisoned, close to its nest in a reedbed on the Humber estuary Marsh harrier poisoned in Humberside On 26 May 2012, a birdwatcher found a dead male marsh harrier close to the village of Goxhill on the bank of the River Humber. This bird lay outstretched in a small bush next to a reedbed, where it was nesting. The corpse was passed to the RSPB. After liaison with Natural England (NE), the body was sent to Defra: initially to the Animal Health and Veterinary Laboratories Agency for a post mortem, and then for toxicology testing at the Food and Environment Research Agency. Results indicated it had died due to deliberate poisoning by the banned insecticide aldicarb. The RSPB and NE issued a joint press release appealing for information, with a 1,000 reward offered by the RSPB for information leading to a conviction. Further appeals from Humberside Police failed to lead to a conviction. One of the dead peregrines which tested positive for carbofuran 20 21

12 1. Poisoning Case studies 1. Poisoning Case studies Golden eagle poisoned in Lochaber The body of a dead golden eagle lay on a hillside near Morar, Lochaber. On 1 March 2012, the RSPB recovered the carcass, after the bird s satellite tracking device showed that it had stopped moving. A post mortem conducted by the Scottish Government laboratory of Science and Advice for Scottish Agriculture showed that the eagle had been poisoned with aldicarb and bendiocarb. This is the third eagle poisoning incident known in the area during the last ten years. Two whitetailed eagles were previous victims. Chief Inspector Matthew Reiss, Northern Constabulary s Wildlife Crime Co-ordinator, said the poisoning was completely unacceptable. He said: Wildlife tourism is an increasingly significant income generator in the Highland economy, and particularly so in the West Lochaber area of the Highlands. Poisoning is indiscriminate it could be your pet dog, or even a human that could be killed simply by contact with such illegal poisons. RSPB This is a completely unacceptable and illegal practice. People who use illegal poisons are threatening the economy by killing the very wildlife that people visit the area to enjoy viewing. These visitors are contributing significant spending in the area, so crimes such as this are also threatening the jobs of people directly and indirectly reliant on the income derived from wildlife tourism. The eagle was fitted with a satellite transmitter in 2010, prior to fledging from a nest in a habitat management area created by Scottish Power Renewables, beside Beinn an Tuirc windfarm on the Kintyre peninsula. Peter Robson, Ecologist at Scottish Power Renewables, said: We were saddened and disappointed to find that one of the golden eagles from Beinn an Tuirc had been poisoned. The habitat restoration project at the windfarm has been a great success, producing four healthy golden eagle chicks in a short period of time, following a long run of barren years. The data from the tracking device was providing experts with a unique insight into the movement patterns of golden eagles during their early years. It is a sad loss, and a setback for all those involved in the conservation of golden eagles in Scotland. Poisoning incidents may be declining, especially in Scotland Satellite transmitters provide a vital means of tracking golden eagle movements Over the last three years of recorded incidents ( ), the number of confirmed poison abuse incidents involving birds of prey reported to the RSPB has declined across the UK. Year-to-year variations cannot be reliably compared statistically. This is due to the small sample size and the ad-hoc nature of the way incidents are discovered. However, the RSPB will be watching with interest to see if any long-term trends develop. Of particular interest is the decline in Scotland, as it appears greater than in the rest of the UK. There may be a number of reasons for this. The public outcry about recent high-profile poisoning incidents, seizures of large amounts of illegal pesticides, the increasing use of satellite tracking technology with birds of prey together with strong political support from the Scottish Government all will have played their part. But it may also be an indication that the enactment of an offence of vicarious liability in Scotland, making landowners responsible for the criminal actions of their employees, is having the desired effect. If this is so, it makes the case for introducing vicarious liability in the rest of the UK compelling. Edwin Kats (rspb-images.com) 22 23

13 Just one hen harrier nest was successful in England in 2012 but there s enough habitat for more than 300 pairs. 2. Shooting and destruction of birds of prey In 2012, there were 208 reported incidents of illegal shooting, trapping and nest destruction of birds of prey (see Appendix I). This is one fewer than the 209 incidents reported in 2011, and lower than the last five-year average of 249 reported incidents ( ). However, the number of confirmed incidents was 69, which is higher than the last five year average ( average of 53 confirmed incidents). Of the 208 reports in 2012, 69 were confirmed and 42 were probable. The most commonly reported crime was shooting, with 92 reports of incidents involving the shooting or attempted shooting of raptors and owls. Of these, 34 were confirmed and a further 12 were probable. There were 19 reported incidents (seven confirmed) relating to destruction of birds of prey nests, eggs or chicks, 53 reported incidents (25 confirmed) in relation to the illegal trapping of birds of prey and a further 44 reported incidents of other offences. Natural England This hen harrier, nicknamed Bowland Betty, was found shot dead on a grouse moor in North Yorkshire in July

14 2. Shooting and destruction of birds of prey Case studies 2. Shooting and destruction of birds of prey Case studies Confirmed bird of prey and owl shooting, destruction and poisoning incidents 2012 Hen harrier gunned down in North Yorkshire RSPB The young hen harrier, Bowland Betty, being fitted with her satellite tag in 2011 Note: the number of mapped incidents is fewer than the number reported, as not all incidents can be allocated a grid reference. Where more than one incident occurred in the same 10 km grid square, the relevant symbols have been moved slightly for clarity. With just one successful breeding pair in England in 2012, the confirmed shooting of a female hen harrier found dead in North Yorkshire graphically illustrates the threats faced by this species. The history of the shot bird is well known. In 2011, a satellite tag was fitted by NE to a hen harrier chick in Bowland, Lancashire. Nicknamed Bowland Betty, the satellite tag showed her ranging widely, travelling as far north as Caithness, Scotland. On 22 May 2012, she returned to Bowland then three days later moved east into the moors of North Yorkshire, mainly in the Nidderdale and Colsterdale areas. In late June, the satellite data indicated she was stationary and raised concerns she had died. With the cooperation of Swinton Estate, the Natural England Hen Harrier Recovery Project recovered the body of the bird on 5 July A post-mortem examination by the Zoological Society of London (ZSL) showed she had a fractured left leg, which would have led to its death either 26 27

15 2. Shooting and destruction of birds of prey Case studies 2. Shooting and destruction of birds of prey Case studies through blood loss or inability to hunt. Detailed radiographs showed three small radio-dense foreign bodies embedded in the fractured bone and it was suspected the bird had been shot. ZSL located recently-published forensic work on the detection of the chemical composition of residues in bones through scanning electron microscopy (SEM), equipped with an energy dispersive x-ray analyser (EDX). PC Ashton In co-operation with the Institute of Orthopaedics and Musculoskeletal Science (UCL), Stanmore, it was decided to use this new technique. By fixing the bone fragment in resin and incrementally grinding and polishing down just a few microns at a time, one of the particles was reached. This showed the particle had entered the exterior surface of the leg bone and that its composition was primarily lead. This is believed to be the first time this technique has been used in the UK. Government studies have estimated that the uplands of England could support over 300 pairs of hen harriers and that the principal reason for the bird s perilous state is illegal persecution associated with intensive grouse shooting. In the last ten years there have been only 11 recorded hen harrier breeding attempts in North Yorkshire. All of these have been within just a few miles of where this bird was found and only three of these attempts were successful. Of the eight that failed, seven were in circumstances suggesting human persecution was the most likely cause of failure. RSPB data and government poisoning data shows the Yorkshire Dales is a black spot for persecution. Between 2007 and 2011 (inclusive), figures compiled by the RSPB confirm the illegal poisoning, shooting or trapping of at least 20 birds of prey. Gamekeeper used cage traps to take raptors On 21 February 2013, at Scarborough Court, gamekeeper Shaun Leslie Allanson, 37, of Priest Close, Hunmanby, North Yorkshire, pleaded guilty to intentionally taking a buzzard using a live pigeon in a cage trap, and using a cage trap with a live pigeon decoy. Four other charges were discontinued. Allanson was sentenced to a community order of 120 hours unpaid work and ordered to pay costs of 85. Allanson used a cage trap baited with a live pigeon On 28 August 2012, a Natural England officer was carrying out an assessment of a Site of Special Scientific Interest (SSSI) at the Duchy of Lancaster s Blansby Park estate, near Pickering, North Yorkshire. A large cage trap was found in the corner of a pheasant release pen. In it, there was a buzzard feeding on a pigeon. The buzzard was released unharmed, and the matter reported to North Yorkshire Police. When police visited the scene, a second smaller cage trap was found, containing a live pigeon. A police officer made several visits over nearly three weeks, taking photographs of the trap and the pigeon. These indicated the same pigeon was present throughout. In October 2012, a search warrant was executed at Allanson s home, and he was later arrested and interviewed. He initially claimed the cage traps were used as hospital pens for sick and injured pheasant poults. He stated the pigeon in the smaller trap was a wild bird that he released numerous times but it kept returning on its own accord. The RSPB visited the site with the police, and provided an expert witness statement. From all the circumstances, and comments made by Allanson, it seemed the cage traps were specifically targeting goshawks. The court was told that Allanson had been sacked from his employment by the estate. The presiding magistrate, Philip Catterall, told Allanson: This court views wildlife crime very seriously. As an experienced gamekeeper you were very wrong to get involved in this activity. Goshawks on the brink as another nest is smashed in the Peak District In April 2012, the RSPB visited an active goshawk nest in woodland in the Derwent Valley, Derbyshire. The nest tree had been climbed, and the nest attacked. Eggs lay smashed on the ground below the nest. Despite a media appeal, with a reward leading to conviction, no information was forthcoming. The breeding season in the Derwent Valley was terrible, with no peregrines, goshawks or buzzards fledging any young. This mirrors the situation in the north-east Peak Moors, as documented by the RSPB in the Peak Malpractice report in The four well-incubated goshawk eggs found destroyed under the nest tree Chris Gomersall (rspb-images.com) Alan Firth (RSPB) 28 29

16 2. Shooting and destruction of birds of prey Case studies 2. Shooting and destruction of birds of prey Case studies RSPB Over four days, this golden eagle suffered a lingering, painful death Golden eagle trapped in Glen Esk and dumped in Deeside On 5 May 2012, the body of a golden eagle was found on Deeside, after signals sent by its satellite transmitter indicated that it had not moved for several days. The eagle was found, lying face down, with its wings folded, under a tree branch, close to a lay-by on a quiet country road near Aboyne, and was seized as evidence by officers from Grampian Police. A post mortem examination at the Scottish Agricultural College laboratory in Aberdeen found that the bird had suffered two broken legs due to trauma that could be consistent with an injury caused by a spring type trap and that the severity of these injuries would prevent the bird from being able to take off. The bird had been fitted with a transmitter by RSPB Scotland staff, in full partnership with a local landowner, a few days before it had fledged from a nest in the Monadhliath Mountains, south east of Inverness, in July The satellite data showed that the young bird spent its first few months in its natal area before venturing further afield. In April 2012, it stayed near upper Deeside, before moving south-west into Glenshee. On 28 April, the bird moved eastwards into Angus. The following day, at 6 am, the bird was on a hillside overlooking Glen Esk. During the next 15 hours, a succession of satellite tag readings, accurate to within less than 20 metres, showed that the bird did not move from this precise spot until at least 9 pm that evening, after nightfall. However, according to transmission data, by 4 am the next morning, 30 April, it appeared to have travelled some 15 km (almost 10 miles) north, during the hours of darkness, to the spot where its body was discovered five days later. Satellite readings revealed that, while the bird did not move from this position, it was probably alive until 4 May. Follow-up enquiries by both Tayside and Grampian Police found no further evidence as to how the eagle came to suffer its injuries, nor could it be established how the eagle came to move from Glen Esk to a position under a tree branch on Deeside overnight, when eagles do not readily fly. However, a number of eagle down-feathers were found between the lay-by and the bird s final resting place. In 2009, another golden eagle fitted with a satellite transmitter was found dead in Glen Esk. Post mortem analysis confirmed it had been poisoned by carbofuran. Modernising the regulation of game shooting The UK is unusual in Europe and North America because it has no form of, or potential for, the regulation of game shooting by individuals or service providers. As game shooting has the potential to reduce populations of species of conservation priority, and given the serious and organised nature of crimes committed against birds of prey, consideration of stronger sanctions is merited. The RSPB believes that an option to withdraw the right of an individual to shoot game, or businesses to supply shooting services, for a fixed period following conviction for a wildlife or environmental offence, should be considered. The Law Commission is currently drafting revised wildlife legislation for England and Wales. It has proposed a form of regulation of hunting by means of licences. This is a step that the Governments of Scotland and Northern Ireland should also be considering. We are waiting for the details of the proposals to see how effective they could be, but exploring regulatory options is a sensible and proportionate response for Governments across the UK. Graham Catley (pewit.blogspot) 30 31

17 25 reported incidents of egg collecting in Egg collecting and disturbance In 2012, there were 25 reported incidents of egg collecting and egg thefts, and seven reports of eggs being sold. This is lower than the combined egg collecting and egg sale total of 38 incidents reported in 2011, and below the last five-year average of 57 incidents ( ). There were two confirmed and 11 probable nest robberies from Schedule 1 species reported in These involve egg collecting incidents and chick thefts. Confirmed robberies involved the nests of two peregrines. Probable robberies involved the nests of three peregrines and eight avocets. These relatively low figures are a good sign, and illustrate that since the early 1990s the numbers of egg collecting incidents have significantly reduced, particularly since 2000, when custodial sentences were introduced for these offences. In 2012, there were also 25 reported incidents of photography and disturbance of Schedule 1 species, ( average of 35 incidents). Graham Catley (pewit.blogspot) Kittiwakes are an amber-listed bird of conservation concern due to recent breeding population declines 32 33

18 3. Egg collecting and disturbance Case studies 3. Egg collecting and disturbance Case studies Wes Davies (RSPB) The signs on Coquet Island are clear, but they were not a deterrent to those who were unconcerned about disturbing a colony of rare roseate terns Rare breeding terns disturbed Coquet Island, two miles offshore from Amble, Northumberland, is a bird sanctuary in the true sense of the word. It s a tiny area, only about six hectares, but more than 44,000 seabirds breed here each year, including the entire UK population (71 pairs) of the red-listed roseate tern. matters even worse, an almost identical incident occurred just two days later, when at least one of the initial group landed with others, and caused a similar disturbance to the northern terrace. The wardens recorded both these episodes on the island s CCTV system. After the second incident, the RSPB alerted Northumbria Police, and the trespassers found officers waiting for them when they returned to the mainland. A number of arrests were made and police confiscated the boats and vehicles used for the trip. Glyn Sellors The only UK breeding site for sensitive roseate terns is on Coquet Island so it is important that disturbance is kept to a minimum. These birds are highly sensitive to disturbance, so access is restricted to a team of three RSPB wardens. The team restricts its movements on the island to keep disturbance impacts to a minimum, and access to the roseate tern colony is allowed for monitoring purposes only. But on 20 July 2012, six local men landed, using three boats, apparently to collect winkles. The shocked RSPB wardens did their upmost to restrict any disturbance to the roseate tern nesting colonies, and intercepted the group. Unable to refloat their boats due to the rapidly falling tide, the group were given clear instructions to remain with their boats and not approach the tern colonies. Despite this advice, two members of the landing party approached the southern roseate tern breeding terrace, causing the widespread disturbance. This was particularly worrying as it was at a time when the terns had vulnerable chicks and eggs. To make On 17 January 2013, following a two-day trial, Derwick Ramsay of Ivy Street, Amble, was found guilty of reckless disturbance of a Schedule 1 species (roseate tern). At an earlier hearing, his brother, Lesley Ramsay, of Charles Road, Amble, had pleaded guilty to the same offence against the same species. Derwick Ramsay received a three-month community order with a daily curfew between 7 pm and 7 am, was ordered to pay 200 court costs, and 75 to the RSPB. Lesley Ramsay received a one-month community order, with a similar daily curfew, and was also ordered to pay 75 costs to the RSPB. Due to these incidents, Northumbria Police, NE and the RSPB have consolidated their existing protocols, to ensure a swift and focused joint response to any future unlawful landings on the island

19 3. Egg collecting and disturbance Case studies 3. Egg collecting and disturbance Case studies Not PC In June 2012, the RSPB Investigations team assisted Norfolk Police professional standards with a search warrant at Sotherton, Suffolk. The subject of the warrant, Mike Upson, was a serving policeman with Suffolk Constabulary and a suspected egg collector. During the search, 650 wild bird eggs were found, along with an egg blowing kit and a large amount of documentation. The RSPB analysis revealed 54 woodlark eggs, five Cetti s warbler eggs, and seven marsh harrier eggs in the haul. Notebooks showed where and when all the eggs were taken by Upson over a 10-year period, ending in Many of the entries gave graphic details, including trips to the Hebrides to take golden eagle eggs, Wales to take chough eggs and Devon targeting Cetti s warblers. Three specific entries suggested that Upson had taken kittiwake eggs from Lowestoft Pier while on duty, but Upson later denied this. One entry read: Page 32. Wednesday 3rd June 1992 My first stint of acting sergeant allowed me free range and being on night shift there were no people about and the darkness gave me some cover. I therefore took advantage of the position to inspect the kittiwake colony on the south pier at Lowestoft. At 2.30 am I climbed over the padlocked gate, passed the danger keep out sign and looked over the side of the pier. Just beyond the breakwater on the ledge were five nests. The birds got quietly off, four nests contained one egg, the other two, I had to use a cradle on the end of a bent up coat hanger to get at them. They were perfectly fresh. In interview, Upson admitted taking and possession of the kittiwake eggs but denied he did so on duty and claimed he had embellished his notebook entries to make them sound interesting. A lengthy expert statement was prepared by the RSPB and supplied to Norfolk Police and the Crown Prosecution Service (CPS). The CPS decided not to pursue a charge of misconduct in a public office and Upson was charged with possession of the eggs. On 24 October at Norwich Court, Upson pleaded guilty to possessing the eggs. The court appearance in front of the national media was far from straightforward as the prosecuting CPS advocate had not seen the case before that date, much to the dismay of the RSPB. Upson was sentenced the following day to 26 weeks imprisonment, suspended for 12 months, ordered to carry out 150 hours community work, and to pay costs of 120. Upson could be considered fortunate, as in the recent past, collectors with similar case backgrounds have been jailed, and none of these were serving Police Officers. Upson has since retired from Suffolk Police. Partnership working is helping to catch the criminals who target our wildlife An excellent example of good partnership working is Operation Compass, an anti-egg collecting initiative run by Norfolk Police and the RSPB, with input by the police forces in Lincolnshire, Cambridgeshire and Suffolk. It links more than a hundred individuals who work in nature conservation or on nature reserves, and provides a prompt and effective response to anyone engaged in stealing wild birds eggs or disturbing rare breeding birds in East Anglia. Its efficiency was demonstrated in May 2012, when local birdwatchers at a stone-curlew nesting site in Breckland, Suffolk, noticed two men behaving suspiciously. The birdwatchers reported the details to Operation Compass, and an alert was issued. The following day the same men and vehicle were seen at two other stone-curlew nesting locations in the area. They were intercepted and searched. Nothing unusual was found but the police officer involved was suspicious of their activities. The incident details were passed by the RSPB to the Metropolitan Police Wildlife Crime Unit, as the driver of the vehicle was registered at a Romford address. Wildlife Crime Officer PC Anthony Kiddle paid a visit to the home address of the driver, Kirk Russell, of Petersfield Avenue, Romford, and much to the officer s surprise he was invited in to the house and a number of eggs were handed over. Among the commoner birds eggs, the collection was also found to contain the eggs of little tern, red kite, little-ringed plover, avocet, peregrine falcon, crane, hobby and marsh harrier, which are all rare breeding species in the UK. RSPB The raven eggs (top row) matched descriptions on data cards all were seized from Upson s house On 18 December 2012, Russell pleaded guilty at Thames Court to possession of wild birds eggs. He received an order to complete 60 hours of unpaid community work. This case highlights the importance of partnership working involving the police, statutory agencies and NGOs in protecting our natural heritage. Andy Hay (rspb-images.com) 36 37

20 4. Trade in wild birds and taxidermy Richard Revels (rspb-images.com) 98 reported incidents of illegal trade in birds in Goldfinches were among the illegal captive birds seized during investigations in In 2012, there were 98 reported incidents involving the taking, sale and possession of live and dead birds ( average of 132 incidents). As with previous years, the majority of 2012 incidents were cases of taking, selling and possessing live non-birds of prey (mostly finches) accounting for 67 incidents. There were 25 incidents involving birds of prey and six incidents of illegal taxidermy

21 4. Trade in wild birds and taxidermy Case studies 4. Trade in wild birds and taxidermy Case studies Duck dealer gets wings clipped On 15 July 2013, Jonathan Bowes of Main Street, Knipton, Leicestershire, appeared at Loughborough Court and pleaded guilty to eight wildlife offences. These included four charges under the Wildlife and Countryside Act 1981, relating to the sale of ducks and possession of spring-traps, and four under the Animal Welfare Act 2006, relating to the pinioning of nine adult ducks. He was fined 1,500, ordered to pay 5,000 costs to the Royal Society for the Prevention of Cruelty to Animals (RSPCA) and banned from keeping birds for five years. On 14 April 2012, Neil Hughes, then Police Wildlife Officer with Leicestershire Police, attended a poultry and waterfowl auction in Melton Mowbray. Bowes was advertising ducks for sale and the officer made a test purchase of a pair of wigeons. Subsequent examination of these showed they had recently pinioned wings, which were bleeding badly. Pinioning (cutting off part of the wing to prevent the bird from flying) is only legal in the first few days of life but not as adults and without any anaesthetic. A number of birds sold at the auction were traced and no documentary evidence of captive origin had been supplied, a requirement of the General Licence for the sale of wildfowl. Following these events, a search warrant was executed at Bowes home on 14 May 2012 by police, RSPCA and RSPB officers. They also searched his premises at Wildberry Farm, Holwell, Melton Mowbray. Here, Bowes had a small lake and enclosed ponds, where he kept a wide variety of waterfowl for breeding and sale. Two wigeons and a mallard were examined by avian vet, Neil Forbes, and found to have been recently pinioned. Near to some breeding boxes, two unset springtraps were found. These can legally be used for catching small mammals under cover. However, these had feathers in the jaws and were seized. When later interviewed by RSPCA officers, Bowes admitted pinioning the adult birds using scissors claiming they had not been properly done when young. He said he used blunt scissors because they did not cause so much bleeding. He stated he used the two spring-traps inside his breeding boxes to catch jackdaws which took duck eggs, though he mentioned these had also caught his own wildfowl. An adult wigeon with a recent pinioning injury The EU wild bird import ban what happened next? Guy Shorrock (RSPB) The EU banned commercial imports of wild birds in 2007, when there were concerns about the transmission of avian diseases, especially the H5N1 virus, otherwise known as bird flu. Vested interests at the time warned that the trade would be driven underground, and smuggling would escalate, increasing the likelihood of disease transmission due to unregulated trade. To date, there is no evidence to suggest that any of this has come to pass. The RSPB firmly believes that wild birds belong in the wild, no matter where they come from. The cessation of the EU s annual imports of up to two million wild birds can only be a positive step. Six years after the import ban was put in place, it seems that the UK pet trade no longer relies on the importation of countless numbers of cheap wild birds, many of which died in transit and were unsuitable for a life in captivity. It is important for conservation, disease prevention and welfare reasons that the UK s border authorities and police continue to rigorously enforce the EU s wild bird import regulations. Musiime P Muramura 40 41

22 5. Prosecutions in 2012 The RSPB maintains a record of prosecutions involving offences against wild birds. In 2012, the RSPB was involved with or informed of the prosecutions of 49 individuals, including prosecutions taken by the Crown Prosecution Service, Procurator Fiscal, the RSPCA and SSPCA. He deliberately placed the poisoned pheasant to get rid of buzzards in a particularly old-fashioned and nasty way All the individuals were convicted on one or more charges. The 49 prosecutions involved at least 263 charges, the majority of which were charges under the Wildlife and Countryside Act 1981 and the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (COTES). Of these, 234 charges resulted in a guilty outcome (89%). Fines for the year totalled 13,560 and five people were awarded custodial sentences, two of which were suspended sentences. RSPB Judge Stobart Gamekeeper Robert Hebblewhite had enough carbofuran to kill all the buzzards in Lincolnshire 42 43

23 5. Prosecutions in 2012 Case studies 5. Prosecutions in 2012 Case studies Two convicted in Devon On 6 November 2012, Seymour Parish Crang, of Bittaford, Ivybridge, and Marcus Betteridge, of Jubilee Road, Totnes, appeared at Newton Abbot s Court. Betteridge pleaded guilty to disturbance of a Dartford warbler at a nest site in Devon in He was fined 1,000 with 250 costs. Four other charges were discontinued. Crang had earlier pleaded guilty to unlawful possession of 15 birds eggs and received the same fine and costs. As a result of intelligence material collated by the RSPB and Devon and Cornwall Police, on 3 November 2010, Operation Blackwell launched into action, and three addresses in Devon were searched. At Betteridge s home, a set of detailed diaries were recovered (1999 to 2010) along with a large number of photographs and other documentation. These were examined in detail by the RSPB. They showed a catalogue of unlicensed visits to the nests of several rare breeding Schedule 1 species in Devon. Statements were obtained from a number of experienced ornithologists to demonstrate that disturbance Betteridge was convicted of disturbance of a Dartford warbler to breeding birds would have occurred. Unfortunately, the two-year limitation on proceedings restricted the prosecution to three incidents, and a plea to one of these was accepted. Betteridge was regarded as one of the UK s most prolific egg collectors during the 1980s and 90s. Interestingly, the seized documentation indicated he appeared to have stopped collecting in 2001, and changed his focus to nest finding. This coincided with the introduction of custodial sentences for certain offences under WCA. At the home of his associate, Crang, a small egg collection was found, along with photographs and other paraphernalia. Crang claimed that the eggs had been missed by the police during a previous raid in 1998, for which he was fined 3,000 for possession of 1,212 eggs. However, RSPB Investigations staff were able to match four of the eggs with a photograph of four eggs in a nest. Enquiries with Kodak established that the photographic paper had not been available until Gamekeeper fined for poisoning buzzards On September 1st 2011, two dead buzzards were found by a member of the public, laying next to a dead pheasant on farmland run as a shoot at Blyton in Lincolnshire. Lincolnshire Police were alerted and the birds were recovered by Natural England (NE). Tests carried out under the Wildlife Incident Investigation Scheme (WIIS) proved positive for the banned pesticide carbofuran. The results clearly indicated that the pheasant was a poison-bait and the buzzards had died from trying to feed on it. On 3 October 2011, Lincolnshire and Humberside Police, with the RSPB and NE, searched the home of gamekeeper Robert Hebblewhite, Church Side, Appleby, and found a jar of carbofuran in a van used by Hebblewhite for his gamekeeping activities at Blyton. During interview Hebblewhite acknowledged that buzzards were present around his pheasant pens at Blyton, but denied using the carbofuran to kill them, although he did suggest that he had kept and used it for rabbit control. There are currently around 240 pairs of buzzard nesting in Lincolnshire with the species recolonising the county as recently as Historically, buzzards were absent from much of eastern Britain due to persecution. RSPB Hebblewhite was later charged with pesticide storage offences and killing the buzzards. He pleaded guilty to the storage offences at a hearing at Lincoln Court in October 2012, and was subsequently found guilty of killing the buzzards after a short trial at the same court on 10 January Hebblewhite was fined 1,250, including 500 for killing the buzzards, and was ordered to pay additional costs of 700. The jar of carbofuran found in Hebblewhite s vehicle RSPB Ben Hall (rspb-images.com) Judge Stobart delivered a damning inditement on Hebblewhite saying he deliberately placed the poisoned pheasant to get rid of the buzzards in a particularly old-fashioned and nasty way. He added that, in this case, it was two unfortunate buzzards that had got there first, but fortunately it wasn t any other creature or human. Finally he added: the world has changed since you began as a gamekeeper and had anything similar happened in your previous history, then I would have made an example of you, including imprisonment. Humberside Police question Hebblewhite about the carbofuran found in his van 44 45

24 5. Prosecutions in 2012 Case studies 5. Prosecutions in 2012 Case studies Serious wildlife crimes should attract serious penalties The current maximum fine for offences tried in Courts under the Wildlife and Countryside Act 1981 is 5,000 and/or up to six months in prison. However, this is clearly not acting as a sufficient deterrent for some criminal activity. The RSPB believes that penalties should be increased to a maximum 50,000 fine and/or up to 12 months in prison in the Court, and unlimited fines and/or up to five years in prison in the Crown Court. The Law Commission has acknowledged that the seriousness of some wildlife crime is not matched by the penalties available in the Courts and recommends an option for some wildlife crimes to be tried on indictment at the Crown Court, where higher penalties are available. We intend to support this proposal for serious organised crimes such as raptor persecution. RSPB A live pigeon fitted with a jacket designed to trap raptors Raptor trapping jackets During a search of a pigeon fancier s address in Wallasey, Mersey, the RSPCA found some strange objects. In December 2011, they passed them on to RSPB Investigations. They were custom-made jackets that had been designed and built for one purpose only the trapping and killing of birds of prey. They are called anti-mating jackets among pigeon fanciers, to disguise their real purpose. The RSPB was able to provide an expert witness statement to assist the RSPCA in prosecuting the case in court. The jackets are made from a thin flexible piece of leather. They re designed to fit on a pigeon s back, secured by a head loop, and with Velcro around the body. The back is fitted with either treble fishing hooks or nooses of strong monofilament fishing line. If the bird of prey were to attack, the hunter and pigeon would be bound together by the jacket. Both birds are likely to die. The bird of prey will die due to starvation, or shock, or injury when pierced by several treble hooks. It is believed that pigeons are released with these jackets, or are tethered to the ground, to allow the perpetrator to control his activities and remove evidence. In this case, the defendant, Robert Platt, 54, plead guilty to the possession of hawk catching jackets as well as two cage traps and a clap net, contrary to Section 18(2) of the Wildlife and Countryside Act. He also admitted a charge of failing to meet the needs of a magpie, contrary to the Animal Welfare Act 2006, by keeping it in an unset Larsen trap. He was given a two-year conditional discharge, and ordered to pay 2,000 costs. Steve Knell (rspb-images.com) 46 47

25 6. Review of 2012 Review of 2012 Partnership for Action Against Wildlife Crime (PAW) RSPB Heather Sohl of the WWF, Wildlife Enforcer of the Year 2012 WCO PC John Baldwin, and Temporary CC Bernard Lawson 2012 was a year of change for PAW (the Partnership for Action Against Wildlife Crime). At the annual PAW Seminar in March, we said farewell to our police co-chairman, Chief Constable Richard Crompton, who retired after leading us since We are grateful to Richard for his help, support and leadership and wish him a long and happy retirement. We also said farewell to our Defra co-chair, Francis Marlow, who moved to a new post in the Department. We thank Francis for his hard work and wish him well. We welcomed Chief Constable Stuart Hyde of Cumbria Police and Chris de Grouchy of Defra as the new co-chairs of PAW. Further changes saw the Head of the National Wildlife Crime Unit, DI Brian Stuart, returning to Lothian and Borders Police after a three year secondment. Brian played a huge part in moving the Unit forward and in raising its profile, both nationally and internationally. To say thank you, and as a measure of our appreciation, Brian was presented with a PAW Certificate of Merit at the PAW Seminar. Richard Crompton took the opportunity to, at the same time, present Brian with a Chief Constable s Commendation in recognition of his own appreciation of Brian s contribution. Both Richard and Brian were also presented with commendations by Richard Benyon, Minister for the Natural Environment and Fisheries, on behalf of IFAW at a ceremony earlier in the year. PAW warmly welcomed DI Nevin Hunter, on secondment from Devon and Cornwall Police, and most recently Head of Compliance at the Animal Health and Veterinary Laboratories Agency s Wildlife Licensing and Registration Service, as the new Head of the National Wildlife Crime Unit. Last but not least, the new Head of Investigations at the RSPB, Bob Elliot, took over from David Hoccom as Chair of the PAW Publicity Working Group. We thank David for all his hard work and wish him well. Richard Crompton was delighted to be able to present two further awards at the Seminar. The PAW Partner of the Year Award winner was Driffield Farmwatch. Gordon Calvert s energy and enthusiasm as the Farmwatch s Chair, his close working with partners on the ground, and his liaison with Humberside Police, has resulted in a significant reduction in the number of poaching incidents being reported to the police. We thank Browne Jacobson for sponsoring this award. A PAW Certificate of Merit was also presented to Paul Butt of Natural England in recognition of all his work, especially in investigating poisoning incidents and sharing his experience of doing so, and his work to improve standards in the pest control industry. Important legislative changes came into effect in January These will make a positive contribution to wildlife law enforcement. Natural England was granted powers to use a range of civil sanctions as alternatives to prosecution, and in Scotland the offence of vicarious liability came into effect, as did provisions relating to deer management and to the delivery of annual reports of wildlife crime to the Scottish Parliament. The enforcement of wildlife legislation in the UK came under close scrutiny in 2012, with the announcement by the Environmental Audit Committee that it was launching a new inquiry into wildlife crime. The inquiry examined the scale of wildlife crime in the UK, including damage and destruction to species and habitats. It also examined the scale of, and risks posed by, the illicit trade in wildlife and wildlife products. Many PAW partners responded to the call for evidence and a number were invited to appear before the Committee. The evidence gathering concluded in July with appearances by Defra and Home Office Ministers. The Committee published its findings on 13 October and recorded 18 recommendations and conclusions, a number of which relate to bird s issues. The Government s response to the report was published early in Work has begun to carry out a light-touch review of the PAW NGO membership, which is aimed at clarifying what contribution each organisation has made or is making to the objectives of PAW. Any organisations which do not demonstrate their commitment are likely to have their membership removed during Membership procedures are also under review with the objective of strengthening them. Visit defra.gov.uk/paw for more information. Jane Withey Department for Environment, Food & Rural Affairs 48 49

26 6. Review of Review of 2012 RSPB International Update Lawrie Phipps These two young Egyptian vultures managed to evade being shot, and continued their migration unharmed David Tipling (rspb-images.com) RSPB Investigations team supports BirdLife Malta Malta is a critical stepping stone for large numbers of birds of prey, waders and passerines on migration. The island is some 50 miles south of Sicily on the central migratory flyway, as birds move between their European breeding grounds and African wintering quarters. Malta has earned a bad reputation for illegal hunting, and the countryside on the island is peppered with hunting hides. About ten thousand people are licensed to hunt various quarry species (mainly turtle dove and quail) on Malta and its neighbouring island Gozo. If migrating birds arrive at Malta in the late afternoon, they take the seemingly sensible decision to roost there, rather than continuing the challenging migration to Africa. Eagles, harriers and buzzards prefer the warm rising thermals and favourable winds of late morning and early afternoon anyway. For these species, it is far better to wait, rest and then continue late the next morning. Malta should be a safe haven, but these birds often become victims of illegal hunting when they roost overnight. Most of these birds are juveniles on their first migration. The migration is a survival challenge, even without the added risk of being shot! Each year BirdLife Malta (BLM) manages an autumn Raptor Camp, with about 60 volunteers. They monitor the numbers of migrating raptors and try to deter illegal hunting by birdwatching in public places. The RSPB Investigations Team has a long history of supporting BLM. During the 2012 Raptor Camp, 436 incidents of illegal hunting were recorded in Malta and Gozo over a 12-day period in September. A further 23 injured protected birds had been shot down illegally, half of these being birds of prey. A further 76 individuals were seen with gunshot injuries, or Maltese plumage as it has been described. A good news story from the island during the 2012 migration was when two Egyptian Vultures arrived late in the afternoon of the 3 October. These are rare birds in Malta, and two together is extremely unusual. Due to their rarity, the birds are highly prized by hunters. But this species faces a catalogue of other threats across its breeding range, including disturbance, lead poisoning from shot, direct poisoning, electrocution by power lines, collisions with wind turbines, reduced food availability, and habitat change. An all-night watch was mounted over the roosting birds and they successfully left the island the next morning, continuing their migration south

27 Birdcrime 2012 Appendices Birdcrime 2012 Appendices Appendices Appendix I Incidents reported to the RSPB, The table shows the number of incidents reported to the RSPB each year, for the categories specified. In 2009, the RSPB ceased recording certain categories of incidents, such as the shooting and destruction of non bird of prey species. The figures supplied do not therefore give a total figure for wild bird crime in the UK and are not comparable with figures provided for years prior to Intel type Shooting and destruction of birds of prey Taking, sale and possession of birds of prey Poisoning and use of poisoned baits Import and export of live or dead birds Taking, sale and possession of non bird of prey species Taxidermy and possession of dead wild birds Egg collecting and egg thefts Sale of eggs Photography and disturbance Total UK breakdown for above incident types in 2012 England 286 Scotland 108 Wales 36 Northern Ireland 9 UK unspecified 3 Total number of UK incidents recorded by the RSPB in The data above was extracted on 30 September 2013 and was accurate at the time of extraction. However, the data is constantly being updated, so reported incident totals for previous years may have changed due to a number of belated reports or additional information received after the publishing date for Birdcrime of that year

28 Birdcrime 2012 Appendices Birdcrime 2012 Appendices Appendix II Regional breakdown of incidents reported in 2012 Region County BoP Other * Total Eastern England Bedfordshire Cambridgeshire Essex Hertfordshire Lincolnshire Norfolk Peterborough City Suffolk Total Central England Buckinghamshire Derbyshire Herefordshire Leicestershire Northamptonshire Nottinghamshire Oxfordshire Rutland Shropshire Staffordshire Warwickshire West Midlands Worcestershire Total Northern England Cheshire County Durham Cumbria East Riding of Yorkshire Greater Manchester Lancashire Merseyside Middlesbrough North East Lincolnshire North Lincolnshire North Yorkshire Northumberland South Yorkshire Tyne and Wear West Yorkshire Total Region County BoP Other * Total South East England Brighton and Hove East Sussex Greater London Barking and Dagenham Greater London Barnet Greater London Bexley Greater London Bromley Greater London Sutton Greater London Wandsworth Hampshire Isle of Wight Kent Slough Surrey West Berkshire West Sussex Total South West England Bath and North East Somerset Cornwall Devon Dorset Gloucestershire Plymouth City Somerset South Gloucestershire Torbay Wiltshire Total Northern Ireland Antrim Armagh Down Londonderry Total East Scotland Aberdeenshire Angus Fife Perth and Kinross Total North Scotland Highlands Western Isles Total cont/

29 Birdcrime 2012 Appendices Birdcrime 2012 Appendices Region County BoP Other * Total South & West Scotland Argyll and Bute Dumfries and Galloway East Ayrshire East Dunbartonshire East Lothian Midlothian North Lanarkshire Scottish Borders South Ayrshire South Lanarkshire Stirling West Lothian Total Wales Caerphilly Carmarthenshire Ceredigion Conwy Flintshire Gwynedd Neath Port Talbot Newport Pembrokeshire Powys Rhondda Cynon Taff Torfaen Vale of Glamorgan Wrexham Total United Kingdom Unspecified Total Overall total Incidents where the location was only given as England, Northern Ireland, Scotland, Wales or United Kingdom are not included. The regional breakown in Appendix II includes all incidents reported to the RSPB. Figures of reported incidents in Appendix I are for the specified categories only, therefore Appendix I and II figures will not correlate. * In 2009, the RSPB ceased recording certain categories of incidents, such as the shooting and destruction of non bird of prey species. The figures supplied for each region in the other column do not therefore give a total figure for non bird of prey incidents and are not comparable with figures provided for years prior to The data above was extracted on 23 September 2013 and was accurate at the time of extraction but the data is constantly being updated, so may be subject to change. Appendix III Confirmed and probable bird of prey and owl persecution during 2012 Persecution type Month Species Confirmed Probable County Shooting Jan Sparrowhawk 0 1 North Yorkshire Buzzard 0 1 Argyll and Bute Short-eared owl 1 0 Highland Feb Sparrowhawk 2 0 Bedfordshire Sparrowhawk 1 0 Bedfordshire Buzzard 1 0 Merseyside Buzzard 1 0 Merseyside March Sparrowhawk 1 0 Derbyshire Buzzard 1 0 Lincolnshire Buzzard 1 0 East Sussex Buzzard 1 0 East Sussex Barn owl 1 0 Suffolk Barn owl 0 1 Suffolk Buzzard 1 0 Leicestershire Buzzard 0 1 Worcestershire Tawny owl 1 0 Highland April Peregrine falcon 0 1 East Lothian Buzzard 1 0 Derbyshire Barn owl 0 1 Northamptonshire May Sparrowhawk 1 0 North Yorkshire Buzzard 0 1 Aberdeenshire June Hen harrier 1 0 North Yorkshire Buzzard 1 0 South Lanarkshire Buzzard 1 0 South Lanarkshire Golden eagle 1 0 Argyll and Bute July Peregrine falcon 1 0 Antrim Buzzard 1 0 West Sussex Barn owl 1 0 Cornwall Hobby? 0 Oxfordshire Aug Peregrine falcon 1 0 Cornwall Buzzard 0 2 Cumbria Short-eared owl 0 3 Cumbria Sept Buzzard 0 1 Cornwall Buzzard 0 1 Cumbria Oct Peregrine falcon 1 0 Cornwall Marsh harrier 1 0 West Yorkshire Buzzard 1 0 Norfolk Golden eagle 1 0 Dumfries and Galloway Hen harrier 1 0 Aberdeenshire Buzzard 0 1 Cumbria Buzzard 1 0 Merseyside cont/

30 Birdcrime 2012 Appendices Birdcrime 2012 Appendices Appendix III (cont.) Confirmed and probable bird of prey and owl persecution during 2012 Persecution type Month Species Confirmed Probable County Persecution type Month Species Confirmed Probable County Shooting (cont.) Nov Peregrine falcon 1 0 Dorset Buzzard 1 0 Lancashire Buzzard 1 0 Nottinghamshire Dec Buzzard 1 0 North Yorkshire Number of birds Nest destruction April Peregrine falcon 0? Scottish Borders Illegal spring trapping Illegal trapping (other) Peregrine falcon 0? Midlothian Peregrine falcon 0? Scottish Borders May Barn owl 3 0 Lincolnshire Goshawk 4 0 Derbyshire Peregrine falcon 0? Dumfries and Galloway Peregrine falcon? 0 Staffordshire Peregrine falcon 0? Scottish Borders June Peregrine falcon 3 0 Lancashire Sparrowhawk? 0 Londonderry Goshawk 0 1 Aberdeenshire Goshawk? 0 South Lanarkshire July Hobby? 0 Oxfordshire Number of birds 10 1 Jan Buzzard 1 0 Perth and Kinross Feb Buzzard 1 0 Angus March Barn owl 0 1 Suffolk April Golden eagle 1 0 Angus May Birds of prey (except owls)? 0 Stirling July Birds of prey (except owls)? 0 Aberdeenshire Sept Peregrine falcon 1 0 Highland Number of birds 4 1 Feb Birds of prey (except owls)? 0 Angus Mar Sparrowhawk 0 1 Lincolnshire Buzzard 0 1 Lincolnshire Sparrowhawk 1 0 Norfolk April Birds of prey (except owls)? 0 Aberdeenshire Birds of prey (except owls)? 0 Aberdeenshire Birds of prey (except owls)? 0 Aberdeenshire Tawny owl 1 0 Stirling Buzzard 0 1 South Lanarkshire May Buzzard 1 0 Down Birds of prey (except owls)? 0 Dumfries and galloway July Birds of prey (except owls) 0? Aberdeenshire Illegal trapping (other) (cont.) Aug Sparrowhawk 0 1 North Yorkshire Buzzard 1 0 North Yorkshire Goshawk 1 0 Aberdeenshire Buzzard 1 0 Aberdeenshire Goshawk 1 0 Aberdeenshire Sept Goshawk? 0 North Yorkshire Birds of prey (except owls)? 0 Aberdeenshire Birds of prey (except owls)? 0 Aberdeenshire Birds of prey (except owls)? 0 Aberdeenshire Oct Buzzard 1 0 Cumbria Sparrowhawk 1 0 Cumbria Nov Birds of prey (except owls)? 0 Perth and Kinross Dec Buzzard 3 0 Northumberland Number of birds 12 4 Other Feb Birds of prey (except owls) 0? Somerset Sparrowhawk 2 0 Bedfordshire Sparrowhawk 1 0 Bedfordshire Barn owl 6 0 Merseyside Buzzard 0 1 Angus March Osprey 0? Highland April Golden eagle 0? Highland Birds of prey (except owls) 0? North Yorkshire Buzzard 0 1 Angus Tawny owl 0 1 Aberdeenshire Buzzard 0 1 Scottish borders Peregrine falcon 0? Perth and Kinross Birds of prey (except owls) 0? Angus Peregrine falcon 0 2 Scottish borders May Birds of prey (except owls)? 0 Aberdeenshire Birds of prey (except owls)? 0 Angus Red kite 0 1 Angus Peregrine falcon 0 1 Scottish borders June Birds of prey (except owls) 0? Aberdeenshire July Golden eagle 0 1 Highland Aug Goshawk 1 0 Aberdeenshire Buzzard 0 1 Aberdeenshire Goshawk 0 1 Aberdeenshire Birds of prey (except owls) 1 0 Cumbria Oct Kestrel 1 0 Greater London Bexley Number of birds For definitions of the categories confirmed and probable please see page 12.? - no bird found, but the most likely/known target is listed. Items grouped by grey shading refer to one incident involving more than one species. The data above was extracted on 23 September 2013 and was accurate at the time of extraction 58 59

31 Birdcrime 2012 Appendices Birdcrime 2012 Appendices Appendix IV Confirmed poison abuse incidents during 2012 Appendix V Schedule 1 nest robberies during 2012 Month Victim Number Poison County bait Jan Raven 1 Carbofuran Antrim - Feb Red Kite 1 Carbofuran Bedfordshire - March Buzzard 1 Alphachloralose Hampshire - March Golden eagle 1 Aldicarb, Bendiocarb Highland - March Cat 1 Carbofuran, Isofenphos East Ayrshire - May Red Kite 1 Bendiocarb, Carbofuran, Isofenphos North Yorkshire May Marsh Harrier 1 Aldicarb Lincolnshire - May Buzzard 1 Alphachloralose Suffolk - May Red Kite 1 Fenthion Powys - May Raven 2 Bendiocarb Scottish Borders Meat Rabbit bait May - B Bendiocarb Scottish Borders Rabbit bait X 2 July Peregrine falcon 1 Bendiocarb Conwy - July - B Bendiocarb Conwy Pigeon bait July Peregrine falcon 1 Bendiocarb Conwy - July - B Bromadiolone Cornwall Grain July Cat 1 Carbofuran, Isofenphos East Ayrshire - Sept Buzzard 2 Alphachloralose Hampshire - Sept - B Carbofuran Cumbria Duck bait Sept Buzzard 1 Carbofuran Cumbria Pheasant bait Sept - B Carbofuran Cumbria Duck bait Sept Dog 1 Metaldehyde Gwynedd Goose bait Sept Buzzard 1 Alphachloralose Armagh - Sept Buzzard 1 Carbofuran Aberdeenshire - Oct - B Bendiocarb Powys Pheasant bait Oct - B Bendiocarb Powys Pheasant bait Oct - B Bendiocarb Powys Pheasant bait X 2 Oct Red Kite 1 Bendiocarb Powys - Oct Buzzard 1 Aldicarb East Riding of Yorkshire Oct Cat 2 Carbofuran Northumberland - Oct Red Kite 1 Alphachloralose Hertfordshire - Oct Pheasant 1 Aldicarb Norfolk Poisoned water Oct Red Kite 1 Carbofuran North Yorkshire - Nov Red Kite 1 Alphachloralose North Yorkshire - Dec Buzzard 1 Carbofuran Dumfries and Galloway Pheasant bait Number of victims 29 - Confirmed Species No. of nests Nest contents County Peregrine falcon 1 Eggs West Lothian Peregrine falcon 1 Eggs Scottish Borders Total 2 Probable Species No. of nests Nest contents County Peregrine falcon 1 Eggs Derbyshire Peregrine falcon 1 Chicks Derbyshire Peregrine falcon 1 Eggs Dumfries and Galloway Avocet 8 Eggs Lancashire Total 11 The data above was extracted on 20 September 2013 and was accurate at the time of extraction. B indicates that a bait, but no victim, was found. The data above was extracted on 25 September 2013 and was accurate at the time of extraction

32 Birdcrime 2012 Appendices Birdcrime 2012 Appendices Appendix VI Wild bird-related prosecutions in 2012 Date Act Section/Reg Charges Prosecutor Court Surname Plea Outcome Penalty type 01-Dec-11* Wildlife and Countryside Act (1)(a) 1 Fiscal South Lanark Sheriff 05-Dec-11* Not known** Not known** 2 Fiscal Dunfermline Sheriff 11-Jan-12 Wildlife and Countryside Act (2)(a) 3 RSPCA King s Lynn Wildlife and Countryside Act (1)(a) 3 RSPCA King s Lynn Penalty Penalty type 2 Penalty 2 Whitfield G G CO 100 hours Defendant (gamekeeper) found guilty of poisoning four buzzards with alphachloralose in *Note: this prosecution is captured in Birdcrime 2012 (not Birdcrime 2011). Sentencing date of 05/01/12 Hutchison NG G Fine 350 Defendant (pigeon fancier) found guilty of maliciously shooting and killing a working falcon with a.22 air rifle, and removing the body of the bird from his garden, separating it from its radio transmitter, and dumping the body and transmitter with intent to defeat the ends of justice. Ordered to pay 1,500 to train a new bird. *Note: this prosecution is captured in Birdcrime 2012 (not Birdcrime 2011). Sentencing date of 07/03/2012. ** The Act that the charges fall under is not yet known. Details pending. Byrne G G Jail 4 months suspended for 12 months Byrne U D CO 150 hours unpaid work Details Defendant (underkeeper) found guilty of causing an animal to fight, and for possession of a dead buzzard, cormorant and grey heron. Ordered to pay 500 costs. 12-Jan-12 Wildlife and Countryside Act (a) 1 Fiscal Lanark Sheriff McLachlan G G Fine 635 Defendant (gamekeeper) pleaded guilty to possessing carbofuran, which was found in plastic drink bottles in the defendant s vehicle. 20-Jan-12 Control of Trade in Endangered Species (Enforcement) Reg Conservation of Habitats and Species Reg (1) 1 CPS Carlisle 41(3) 1 CPS Carlisle Wildlife and Countryside Act (2)(a) 2 CPS Carlisle Control of Trade in Endangered Species (Enforcement) Reg (1) 1 CPS Carlisle 30-Jan-12 Wildlife and Countryside Act (2) 1 CPS Leicester 10-Feb-12 Wildlife and Countryside Act (1)(b) 1 CPS Leicester Wildlife and Countryside Act (1)(a) 1 CPS Leicester Control of Trade in Endangered Species (Enforcement) Reg McPhail G G CD 1 year Defendant (taxidermist) pleaded guilty to selling parts of a dead wild gannet, a razorbill, and a porpoise without the correct documentation in place. Also for possessing four otter skulls and badger parts. Ordered to pay 85 costs. McPhail G G CD McPhail G G CD McPhail G G CD Crane NG G* Fine 1,000 Defendant (part-time gamekeeper) found guilty of taking a wild bird, as well as using an article to take a wild bird, and being in possession of an item capable of being used to commit an offence. Ordered to pay 700 costs. * Later overturned on appeal. Crane NG G* Fine 750 Crane NG G* Fine 750 8(1) 12 CPS Luton Crown Turner G G Jail 8 months Defendant pleaded guilty to 12 charges of selling Annex A specimens and one charge of having items in his possession for use in connection with fraud. Species included red kite, marsh harrier, peregrine falcon, hobby, redfooted falcon, barn owl, little owl, goshawk, tawny owl, kestrel, hawk owl, short-eared owl, ural owl and eagle owl. All taxidermy birds were forfeited. Fraud Act CPS Luton Crown Turner G G Control of Trade in Endangered Species (Enforcement) Reg (1) 2 CPS Luton Crown Turner NG NG 16-Feb-12 Wildlife and Countryside Act (2) 6 RSPCA Wigan Wildlife and Countryside Act (2)(a) 1 RSPCA Wigan Wildlife and Countryside Act (1)(a) 1 RSPCA Wigan Aspey G G CU Total 3 months curfew Aspey G G CU Aspey U D Defendant convicted of six charges of possessing articles for taking wild birds, and one charge of illegally possessing a wild bird (species unspecified). Ordered to pay 1, costs

33 Birdcrime 2012 Appendices Birdcrime 2012 Appendices Appendix VI Wild bird-related prosecutions in 2012 (cont.) Date Act Section/Reg Charges Prosecutor Court Surname Plea Outcome Penalty type 21-Feb-12 Wildlife and Countryside Act (1)(a) & 1(1) (b) 2 CPS Norwich Pests Act (1)(a) 1 CPS Norwich 7-Mar-12 Wildlife and Countryside Act (2)(a) 17 RSPCA Telford Wildlife and Countryside Act (1) 1 RSPCA Telford Wildlife and Countryside Act (2) 1 RSPCA Telford 7-Mar-12 Wildlife and Countryside Act (2)(a) 1 RSPCA Telford Wildlife and Countryside Act (2) 1 RSPCA Telford 14-Mar-12 Wildlife and Countryside Act (2)* 1 RSPCA North Devon Wildlife and Countryside Act (2)(a)* 2 RSPCA North Devon Penalty Penalty type 2 Penalty 2 Williams NG D Defendant pleaded guilty to using an unapproved spring trap contrary to Section 8 of the Pests Act Charges for killing a tawny owl, and using a spring trap to kill/take a tawny owl, were dismissed. Ordered to pay a 15 victim surcharge. Williams G G Fine 100 Bailey RA G G CU Total 16 week curfew Bailey RA G G CU Bailey RA G G CU Bloore G G CU Total 18 week curfew Bloore G G CU Details Defendant pleaded guilty to 17 charges of possession of wild birds (species unspecified), possession of a trap and an attempt to take wild birds. Ordered to pay 1, costs. Defendant pleaded guilty to the possession of a live wild bird (species unspecified) and possession of an item capable of being used for an offence. Ordered to pay 2, costs. Searle G G CD 2 years Defendant found guilty of possessing live and dead wild birds, including greenfinch, linnet, song thrush, jay, redpoll, nuthatch, blue tit, woodpecker, bullfinch, chaffinch and goldfinch. Also received a five-year ban on keeping all animals except dogs. Traps were confiscated by RSPCA, and ordered by magistrates to be forfeited and destroyed.* Note: it is likely that more charges apply to this case than those listed. Searle G G CD 4-Apr-12 Wildlife and Countryside Act (1)(a) 1 Fiscal Forfar Sheriff Christie G G Admonished Wildlife and Countryside Act (1)(b) 1 Fiscal Forfar Sheriff Christie G G Admonished 4-Apr-12 Wildlife and Countryside Act (2)(a) 27 RSPCA Telford Wildlife and Countryside Act (2) 5 RSPCA Telford 11-Apr-12 Wildlife and Countryside Act (2)(a) 1 RSPCA Highgate Wildlife and Countryside Act (2) 1 RSPCA Highgate 24-Apr-12 Wildlife and Countryside Act (1)(a) 1 CPS Isle of Wight 25-Apr-12 Wildlife and Countryside Act (2)(a) 18 RSPCA Chesterfield Wildlife and Countryside Act (2) 1 RSPCA Chesterfield Wildlife and Countryside Act (1)(b) 1 RSPCA Chesterfield Bailey GJ G G Jail 12 weeks suspended Bailey GJ G G Jail CU Total 26 week curfew. Prohibited community order. Defendant (gamekeeper) convicted of trapping a tawny owl in a crow trap, and operating an illegal cage tap by failing to adhere to the terms of the General Licence that permits the control of crows. Defendant pleaded guilty to 32 charges relating to the possession of wild birds and possession of traps (species unspecified). Ordered to pay 2, costs. Bushi G G Fine 55 Defendant pleaded guilty to possession of ten wild goldfinches and possession of trap capable of being used to commit an offence. Ordered to pay 2, costs. Bushi G G Fine 55 Roberts G G Fine 715 Defendant pleaded guilty to shooting a buzzard. Spencer G G Jail 4 months suspended for 2 years Spencer G G Jail Spencer G G Jail CU 4 months Defendant pleaded guilty to 20 charges including possessing over 60 wild birds, and possession/use of a trap to take wild birds. Also for causing unnecessary suffering (animal welfare charges not listed here). Ordered to pay 4, costs

34 Birdcrime 2012 Appendices Birdcrime 2012 Appendices Appendix VI Wild bird-related prosecutions in 2012 (cont.) Date Act Section/Reg Charges Prosecutor Court Surname Plea Outcome Penalty type 27-Apr-12 Control of Trade in Endangered Species (Enforcement) Reg (1) 1 CPS Birmingham Crown Wildlife and Countryside Act (1) 1 CPS Birmingham Crown 11-May-12 Wildlife and Countryside Act (1)(c) 3 Fiscal Inverness Sheriff Wildlife and Countryside Act (2) 1 Fiscal Inverness Sheriff 18-May-12 Wildlife and Countryside Act (2)(a) 1 RSPCA Chester 24-May-12 Wildlife and Countryside Act (2)(a) 1 CPS South Derbyshire Penalty McDonagh G G Jail 10 months extended by 6 months McDonagh G G Jail Penalty type 2 Penalty 2 Details CO 180 hours unpaid work Defendant (bird dealer) pleaded guilty to the prohibited sale of a goshawk and to keeping an unregistered merlin. Committed in breach of suspended sentence which was extended by 6 months. Ordered to pay 510 costs. Gonshaw Gonshaw G G G G Jail NSP 6 months ASBO Defendant pleaded guilty to taking 20 eggs of wild birds, including Manx shearwater, meadow pipit and willow warbler, and also for possession of egg collecting kit. All eggs and equipment were forfeited. The Court also imposed an indefinite ASBO to prohibit the defendant from entering Scotland during bird nesting season, between 1 February and 31 August. Weedall G G Jail 20 week suspended Details awaited from Derbyshire Police CO 180 hours unpaid work, 26 week curfew Defendant (farmer/farrier) pleaded guilty to ten counts of animal mistreatment offences including cockfighting, and a Wildlife and Countryside Act 1981 offence relating to the illegal possession of a wild goldfinch. Defendant received a series of suspended jail sentences, curfews and community service, and was banned from keeping animals for life. Ordered to pay 50,000 costs. U G CD 18 month Fine 85 Defendant (male offender) convicted for possessing tawny owl(s). Full details awaited from Derbyshire Police. 27-Jun-12 Wildlife and Countryside Act (1)(b) 1 Fiscal Perth Sheriff Graham G G Fine 450 Defendant (gamekeeper) was convicted of illegally operating a cage trap. A buzzard was caught in the trap and had starved to death. 1-Jul-12 Wildlife and Countryside Act (1)(b) 2 Fiscal Perth Sheriff Graham NG NG Control of Trade in Endangered Species (Enforcement) Reg Control of Trade in Endangered Species (Enforcement) Reg (1) 5 CPS Skipton 8(1) 5 CPS Skipton 11-Jul-12 Wildlife and Countryside Act (1)(b) 1 CPS Caernarfon Wildlife and Countryside Act (5)(a) 1 CPS Caernarfon 13-Jul-12 Wildlife and Countryside Act (2)(a) 2 RSPCA Hereford 25-Jul-12 Wildlife and Countryside Act (1)(a) 1 RSPCA Exeter 27-Jul-12 Wildlife and Countryside Act (1)(a) 1 RSPCA Bodmin Wildlife and Countryside Act (2) 1 RSPCA Bodmin Wildlife and Countryside Act (2) 1 RSPCA Bodmin Wildlife and Countryside Act (1)(a) 1 RSPCA Bodmin Petrie Petrie G G G G Fine 2,000 Defendant (zoo park/falconry centre manager) pleaded guilty to ten offences related to the commercial display of Annex A birds and making false statement to obtain Article 10 Certificates. Species include snowy owl, great grey owl and barn owl. The court failed to make a forfeiture order for the birds. The NWCU has requested the case be referred back to court for an ancillary forfeiture order under the provisions of the Court Act 1980 Sec.140. Ordered to pay 100 costs. Titley G G Fine 125 Defendant (builder) pleaded guilty to disturbing and destroying a nest containing Schedule 1 birds (barn owls). Ordered to pay 150 costs and Titley G G 15 victim surcharge. Jones NG G CO 80 hours unpaid work Defendant found guilty of two charges relating to the possession of wild birds (species unspecified). Ordered to pay 1,226 costs. Lord G G CD 1 year Defendant pleaded guilty to killing a wild rook. Ordered to pay 200 costs. Alves AMM G G CD 2 years Defendant pleaded guilty to possession of a trap and taking wild birds including chaffinch, goldfinch, greenfinch and robin. Ordered to pay 500 costs. Alves AMM U D Alves JDF G G CD 2 years Defendant pleaded guilty to possession of a trap and taking wild birds, including chaffinch, goldfinch, greenfinch and robin. Ordered to pay 500 costs. Alves JDF G G CD 2 years 30-Jul-12 Wildlife and Countryside Act (1)(a) 1 Fiscal Tain Sheriff Thomson G G CO 180 hours Defendant pleaded guilty to kicking and injuring a herring gull, which had to be euthanased as a result. Wildlife and Countryside Act (1)(a) 1 Fiscal Tain Sheriff Macleod G G CO 180 hours Defendant pleaded guilty to kicking and injuring a herring gull, which had to be euthanased as a result

35 Birdcrime 2012 Appendices Birdcrime 2012 Appendices Appendix VI Wild bird-related prosecutions in 2012 (cont.) Date Act Section/Reg Charges Prosecutor Court Surname Plea Outcome Penalty type 3-Aug-12 Wildlife and Countryside Act (2)(a) 7 RSPCA King s Lynn Animal Welfare Act (1) & 32(1) 3 RSPCA King s Lynn 10-Aug-12 Wildlife and Countryside Act (2)(a) 6 RSPCA Warley Wildlife and Countryside Act (2) 1 RSPCA Warley Wildlife and Countryside Act (1)(a) 1 RSPCA Warley 17-Aug-12 Wildlife and Countryside Act (2)(a) 1 RSPCA Wimbledon 20-Aug-12 Wildlife and Countryside Act (2)(a) 1 RSPCA Plymouth Wildlife and Countryside Act (2)(a) 1 RSPCA Plymouth Penalty Easter NG G CD 2 years (concurrent) Easter NG G CD 2 years (concurrent) Bell G G Jail 24 weeks suspended Bell G G Bell G G Leung NG G CO 200 hours unpaid work Penalty type 2 CO Penalty hours unpaid work & 4 months curfew Details Defendant (bird dealer) convicted of seven charges relating to the illegal possession of wild birds including red-backed shrike, goldfinch, stonechat and grey wagtail. Also convicted of three charges under the Animal Welfare Act 2006 relating to care and husbandry of grey and yellow wagtail. All birds had to be handed over. Ordered to pay 7,000 costs. * Two charges relating to possession of red-backed shrikes were later overturned on appeal. Defendant pleaded guilty to eight charges relating to possession of wild birds, possession of a trap, and taking wild birds (species not specified). Ordered to pay 4, costs. Defendant found guilty of possessing a live wild bird (species unspecified). Ordered to pay 5,000 costs. Wright G G Fine 425 Defendant pleaded guilty to the illegal possession of live wild birds including siskin, goldfinch and linnet. Ordered to pay 1,500 costs. Wright NG D 7-Sep-12 Wildlife and Countryside Act (a) 1 Fiscal Oban Sheriff McKellar G G Fine 1,200 Defendant (farm manager) pleaded guilty to possession of a proscribed pesticide (carbofuran). 24-Sep-12 Wildlife and Countryside Act (2)(a) 7 RSPCA Thames 26-Sep-12 Wildlife and Countryside Act (2)(a) 35 RSPCA Telford Wildlife and Countryside Act (2) 3 RSPCA Telford 01-Oct-12* Wildlife and Countryside Act (1)(a) 1 CPS Lincoln Food and Environment Protection Act (12)(a) 1 CPS Lincoln 10-Oct-12 Wildlife and Countryside Act (1)(a) 1 Fiscal Dumfries Sheriff Wildlife and Countryside Act (1)(a) 1 Fiscal Dumfries Sheriff Wildlife and Countryside Act (2)(a) 1 Fiscal Dumfries Sheriff 24-Oct-12 Wildlife and Countryside Act (2)(b) 1 CPS Norwich Wildlife and Countryside Act (2)(b) 1 CPS Norwich Wildlife and Countryside Act (2) 1 CPS Norwich Rutter NG G CU 2 months Defendant found guilty of seven charges relating to the possession of live wild birds (species unspecified). Ordered to pay 6,000 costs. Bailey RA G G Jail 12 weeks suspended Bailey RA U D Hebblewhite Hebblewhite CO 9 months supervision Defendant pleaded guilty to 35 charges relating to the possession of wild birds (species unspecified). Ordered to pay 11, costs. NG G Fine 500 Defendant (gamekeeper) pleaded guilty to possessing carbofuran which was found in the van he used for work. Subsequently on 10/01/13 he was found guilty of killing two buzzards (both had tested positive for carbofuran). Ordered to pay 700 costs.*note: this prosecution is captured in Birdcrime 2012 (will not be captured in Birdcrime 2013). Sentencing date 10/01/13. G G Fine 750 Duffin G G Fine 1,500 Defendant pleaded guilty to setting spring traps and catching a grey heron in a spring trap. The heron had to be enthanased as a result of its injuries. Duffin G G NSP Duffin G G NSP Upson G G Jail 12 weeks suspended 1 year (concurrent) Upson G G Jail 14 weeks suspended 1 year (concurrent) Upson U D CO 150 hours unpaid work Defendant (Police Officer at time of offence) pleaded guilty to the possession of 650 eggs, of which 65 were Schedule 1 eggs (woodlark, Cetti s warbler and marsh harrier). Eggs forfeited. Ordered to pay 120 costs. CO 12 months supervision 68 69

36 Birdcrime 2012 Appendices Birdcrime 2012 Appendices Appendix VI Wild bird-related prosecutions in 2012 (cont.) Date Act Section/Reg Charges Prosecutor Court Surname Plea Outcome Penalty type 2-Nov-12 Wildlife and Countryside Act (2) 2 RSPCA Colchester Wildlife and Countryside Act (2)(a) 1 RSPCA Colchester 6-Nov-12 Wildlife and Countryside Act (5)(a) 1 CPS Newton Abbot Wildlife and Countryside Act (5)(a) 2 CPS Newton Abbot Wildlife and Countryside Act (2) 2 CPS Newton Abbot Wildlife and Countryside Act (2)(b) 1 CPS Newton Abbot Wildlife and Countryside Act (2) 1 CPS Newton Abbot 21-Nov-12 Wildlife and Countryside Act (1)(a) 1 RSPCA Bedford 23-Nov-12 Wildlife and Countryside Act (2)(a) 1 RSPCA Newton Aycliffe 28-Nov-12 Wildlife and Countryside Act (1)(a) 8 RSPCA Chesterfield 30-Nov-12 Wildlife and Countryside Act (2)(a) 6 RSPCA Chesterfield Wildlife and Countryside Act (2) 1 RSPCA Chesterfield Control of Trade in Endangered Species (Enforcement) Reg Control of Trade in Endangered Species (Enforcement) Reg (1) 1 CPS Chichester 3(1)a 1 CPS Chichester 18-Dec-12 Wildlife and Countryside Act (2)(b) 1 CPS North East London Penalty Penalty type 2 Penalty 2 Mora G G Fine 200 Defendant pleaded guilty to possession of a trap and bird lime, and to the illegal possession of wild finches (species unspecified). Ordered to pay 550 costs. Mora G G Betteridge G G Fine 1,000 Defendant (builder) pleaded guilty to disturbing Dartford warblers (Schedule 1 breeding birds). Ordered to pay 250 costs. Victim surcharge 15. Betteridge NG D Betteridge NG D Crang G G Fine 1,000 Defendant (builder) pleaded guilty to possessing 14 eggs of wild birds, including redshank, linnet, tree pipit and lesser redpoll. Eggs were forfeited and destroyed. Ordered to pay 250 costs. Victim surcharge 15. Crang U D Juvenile defendant G G CO 80 hours unpaid work CO 1 year supervision, 3 month curfew Details Defendant (juvenile) pleaded guilty to intentionally killing a feral pigeon. Harrop G G CD 1 year Defendant pleaded guilty to possessing wild birds. Ordered to pay costs. Haslam U D Defendant pleaded guilty to six charges of possessing live wild birds (species not specified) and one charge of possessing an item capable of being used to commit an offence. Ordered to pay 3, costs. Haslam G G CO 250 hours unpaid work Haslam G G Boucher G G CO 6 months supervision Boucher G G Russell G G CO 60 hours unpaid work 19-Dec-12 Wildlife and Countryside Act (1)(a) 1 RSPCA Folkestone Campbell G G CO 150 hours unpaid work CO 1 year supervision. 6 months alcohol treatment. Defendant (falcon breeder) pleaded guilty to the prohibited sale of peregrine falcons, and to making a false statement in order to obtain an A10 certificate. Defendant pleaded guilty of possessing various birds eggs including Schedule 1 species. Ordered to pay Court costs (amount unknown). Defendant pleaded guilty and convicted of intentionally killing a wild bird (species unspecified). Ordered to pay 750 costs. Key to Appendix VI CD CO CU D G NCA Conditional Discharge Community Order Curfew Order Discontinued Guilty No Case to Answer NG NP NSP TIC U Not Guilty Not Proven No Separate Penalty Taken Into Consideration Unknown 70 71

37 rspb.org.uk/goodmen *Calls to this number are not recorded and will be treated in the strictest confidence. The RSPB is a member of BirdLife International, a partnership of nature conservation organisations working to give nature a home around the world. Cover: Golden eagle by Peter Cairns (rspb-images.com) The RSPB is a registered charity in England and Wales , in Scotland SC