Birdcrime Offences against wild bird legislation in 2002 Produced by The Royal Society for the Protection of Birds

Transcription

1 Birdcrime 2002 Offences against wild bird legislation in 2002 Produced by The Royal Society for the Protection of Birds

2 Contents Offences against wild bird legislation in Reported incidents Poisoning 3 Shooting and destruction of birds of prey 3 Nest robberies and egg collectors 4 Trade in wild birds 5 Prosecutions in Appendix I Incidents reported to the RSPB Appendix II Regional breakdown of incidents reported in Appendix III Distribution of bird of prey and owl persecution in Appendix IV Confirmed bird of prey and owl persecution during Appendix V Confirmed wildlife poisoning incidents (abuse) during Appendix VI Significant nest robberies during Appendix VII Bird related prosecutions in Key to Appendix VII 22 Appendix VIII Analysis of charges brought during under the Wildlife and Countryside Act Key to Appendix VIII 25 wpo\np\birdcrime 2002\3721 1

3 Offences against wild bird legislation in 2002 This report summarises offences against wild bird legislation reported to the RSPB in Further copies, complete with data tables, are available from the Investigations Section. It is believed that these figures represent only a fraction of the total number of incidents, as many must remain undetected and unreported, particularly those that occur in remote areas. Stone-curlew Following a drop in the number of incidents reported in 2001 resulting from access restrictions due to foot and mouth disease 2002 saw a return to worrying levels of bird of prey persecution and poisoning in particular. The number of nest robberies and egg collecting incidents remained low, possibly due to a fear of custodial penalties following the Countryside and Rights of Way Act Six offenders received custodial sentences during 2002, indicating the seriousness with which the courts view wildlife offences. Reported incidents 2002 There were 591 reported incidents, compared to a five-year average between 1997 and 2001 of 682. This continued the downward trend of recent years, mainly due to fewer reports of the shooting, destruction and taking for sale of non-birds of prey. Incidents involving persecution of raptors and the illegal use of poison both increased (see Appendix I). Classes of incidents reported included (figures for 2001 given in brackets): 141 (118) incidents of shooting and destruction of birds of prey 102 (79) incidents of poisoning 68 (68) incidents relating to egg collecting 38 (33) incidents of illegal taking, possession or sale of birds of prey 30 (46) incidents of illegal taking, possession or sale of other bird species 120 (130) incidents of shooting and destruction of non-birds of prey 4 (3) incidents of illegal import and export of birds. Avocet Offences involving the persecution of birds of prey and rare breeding birds, and the trade in wild birds remain the highest priority for the RSPB. We encourage all police officers and anyone witnessing offences involving wild birds to notify the RSPB so that we can keep our wild bird crime records up to date. There is currently no other national system for recording wildlife incidents or prosecutions and such information is immensely valuable when pressing for legislative change. A breakdown of incidents reported by county is included in Appendix II. 2

4 Poisoning Buzzard Of 102 reported poisoning incidents, 39 were confirmed by analysis. Of these, 17 involved the abuse of carbofuran, 15 alphachloralose, five aldicarb, and four involving other pesticides (two incidents involved both carbofuran and alphachloralose). For the first time in many years, there were no incidents involving mevinphos, a substance banned in the early 1990s. Seventeen of the confirmed incidents were in Scotland, 15 in England with a particular concentration in North Yorkshire (four incidents) and Norfolk (three incidents) and seven in Wales. There were two incidents in Northern Ireland. Birds involved included four red kites, 15 buzzards, six peregrines, two white-tailed eagles and two golden eagles (see Appendices III and V). A Norfolk keeper was fined 350 for illegal pesticide storage following the discovery of a dead buzzard. Two pigeon fanciers from West Glamorgan received convictions for using a poisoned pigeon bait in an attempt to kill peregrines, highlighting the conflict between pigeon racers and peregrines. Poisoned pigeon baits were located at three peregrine sites in South Wales and a poisoned bird at another (see Legal Eagle 33). Of the four red kites found poisoned, one was in Scotland, one in Wales and two in England (both in North Yorkshire). This follows 12 kites poisoned in 2001 and gives cause for concern over the impact poisoning may have on the success of the reintroduction projects in both England and Scotland (see Legal Eagle 34). Shooting and destruction of birds of prey A total of 141 incidents of illegal shooting, trapping or nest destruction of birds of prey were reported. Forty-two of these were confirmed by the recovery of a body or illegally set trap. These involved 29 instances of shot birds, including three red kites, eight peregrines, two marsh harriers and 16 buzzards. Illegally set traps included seven spring or pole traps, one illegally set Larsen trap and six illegally used crow cage traps. There were eight reports of nest destruction involving birds of prey. Marsh harrier There were three reports of hen harrier nest destruction in Strathclyde and Cumbria, as well as several reports of birds disappearing from suitable habitat after settling to breed. We strongly suspect that it is common practice on upland estates to move on harriers in such circumstances. This may constitute an offence under either Section 1(5)(a) of the Wildlife and Countryside Act 1981 (disturbance of Schedule 1 birds while building a nest) or Section 28P(6)(a) of Schedule 9 of the Countryside and Rights of Way Act 2000 (intentionally or recklessly disturbing the fauna by reason of which land is of special interest). (See Appendices III and IV.) 3

5 Despite the large number of shooting and destruction incidents reported, only one prosecution resulted. This involved a man in Cumbria convicted of using a Larsen trap, baited with a pigeon, which subsequently caught a sparrowhawk (see Legal Eagle 35). Nest robberies and egg collectors The number of reported nest robberies remained low in 2002, following the reduction in 2001 when foot and mouth restrictions were in place and the first custodial sentences were given to egg collectors as a result of the introduction of the Countryside and Rights of Way Act Only 25 confirmed robberies were reported, involving choughs, ospreys, merlins, little ringed plovers and 15 peregrine nests. Reports were also received of a further nine peregrine, two golden eagle and single red-throated diver, merlin and avocet nests that failed, with robbery the most likely reason. Although this represents an overall reduction, 24 peregrine sites robbed gives cause for concern. It is difficult to say how many were lost to egg collectors and how many to falcon thieves. (See Appendix VI.) Osprey Despite the low level of reported crime, enforcement was high. There were nine separate convictions, including the taking or possession of the eggs of white-tailed eagles, peregrines, black-throated divers, little terns, red kites, choughs, marsh harriers, ospreys, avocets and several other species. Three collectors were given custodial sentences, another was given probation and the remainder received financial penalties. There was one conditional discharge for possession of 16 eggs, including those of barn owls. A Warwickshire man with two previous convictions was imprisoned for 16 weeks for possessing osprey eggs and the corpses of several shot Schedule 1 birds (see Legal Eagle 34). A Merseyside collector was given six months imprisonment (reduced to five on appeal) for taking 24 eggs and possessing an additional 453. Although this was his first offence, the court stated that due to its seriousness and the time period over which the eggs were taken, only a custodial sentence could be imposed (see Legal Eagle 35). Black-throated diver In Norfolk, a court confiscated an egg collector s car after he used it to travel to Norfolk to collect eggs. The collector was caught with eggs taken from Blakeney Point and a search of his house subsequently recovered 161 further eggs, including those of divers and skuas taken in Orkney. He received 12 months probation (see Legal Eagle 34). Another case resulted in three months imprisonment for a London man who had previously been convicted and fined 800 at Lochmaddy Sheriff Court in November 2001 for the disturbance of golden eagles and possession of collecting equipment. A search of his home in London revealed a notebook that detailed the taking of eggs over a number of years. He was subsequently convicted of taking the 4

6 eggs of marsh harriers, choughs, dotterels and red-throated divers. He received three months imprisonment (see Legal Eagle 33). Although fewer incidents were reported in the UK, we are concerned that collectors are now travelling elsewhere in Europe. The legislation in the UK does not allow action to be taken for offences committed abroad, or for the possession of any eggs taken illegally outside the UK. We believe that the UK Government has failed to implement the EC Birds Directive fully, and we will be pressing for legislative change. Trade in wild birds Of 74 incidents relating to trade in domestic species, 38 related to the taking or sale of birds of prey, 30 to the taking and sale of other species, two to the possession of dead birds for taxidermy purposes and four to import and export. A growing problem has been identified with the import of supposedly captive-bred birds from Belgium. Although in many cases such birds are wild taken, the Wildlife and Countryside Act 1981 fails to protect against the possession of British birds acquired elsewhere in Europe. The RSPB will be pressing for the resolution of this difficulty to ensure that trade in native species is adequately controlled. Tawny owl The 12 prosecutions for possession or sale offences involved goshawks, sparrowhawks, tawny owls and finches. Two convictions involving possession of dead birds included peregrine, chough, stonecurlew and little tern. Penalties ranged from an absolute discharge for taking blackbird chicks to 100 hours community service for sale of a peregrine without the correct paperwork and five months imprisonment for the possession of dead wild birds to run concurrently with other penalties relating to egg collecting. Two people received significant custodial sentences for the illegal import of and trade in birds of prey from Thailand. This case was uncovered at Heathrow airport in July 2000, but was not concluded until January One man received a six-and-a-half-year jail sentence, and the other 22 months, of which 11 were suspended. This was the longest prison sentence awarded in the UK for offences involving wildlife (see Legal Eagle 32). Sparrowhawk Prosecutions in 2002 There were 33 prosecutions involving wild birds in 2002 (see earlier issues of Legal Eagle). The majority of summonses or charges were brought under Sections 1(1) and 1(2) of the Wildlife and Countryside Act 1981 and involved the taking or possession of birds and their eggs. A significant number were also issued under Section 18(2) possession of items for the purpose of committing an offence. Despite the high number of incidents of bird of prey persecution and the misuse of poison, there were few successful prosecutions, due to the 5

7 usual problem of proving the identity of the offender in such cases. However, three offenders were convicted under Section 5 for setting in position traps or poisons for the purpose of taking or killing wild birds. Two involved peregrines and one a sparrowhawk. A full list of reported prosecutions in 2002 is included as Appendix VII. Three prosecutions were brought under the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (COTES) relating to the trade in live and dead wild birds. Three involved the possession and storage of pesticides, brought under the Food and Environment Protection Act 1985 (FEPA). See Appendix VIII for a full summary of charges brought. 6

8 Appendix I Incidents reported to the RSPB INCIDENT Shooting and destruction of birds of prey Taking and sale of birds of prey(including illegal possession) Poisoning Import and export Shooting and destruction of non-birds of prey Taking and sale of non-birds of prey(including illegal possession) Taxidermy and possession of dead birds Egg collecting Sale of eggs Photography and disturbance of Schedule 1 birds Suspicious circumstances Habitat destruction Miscellaneous TOTAL UK breakdown ENGLAND 306 SCOTLAND 198 WALES 74 NORTHERN IRELAND 4 Not specified

9 Appendix II Regional breakdown of incidents reported in 2002 RSPB region County Bird of prey or owl Other birds Central England Bedfordshire Berkshire Buckinghamshire Gloucestershire Herefordshire Hertfordshire Leicestershire Northamptonshire Oxfordshire Warwickshire West Midlands Worcestershire TOTAL East Anglia Essex Lincolnshire Norfolk Suffolk TOTAL North of England Cleveland Cumbria Durham Humberside Northumberland North Yorkshire Tyne & Wear TOTAL North West Cheshire Derbyshire Greater Manchester Lancashire Merseyside Nottinghamshire Shropshire South Yorkshire Staffordshire West Yorkshire TOTAL South East Greater London Hampshire/Isle of Wight Kent Surrey East Sussex West Sussex TOTAL Overall total 8

10 Appendix II continued RSPB region County Bird of prey or owl Other birds South West Avon Cornwall Devon Dorset Somerset Wiltshire TOTAL Wales Clwyd Dyfed Mid Glamorgan South Glamorgan West Glamorgan Gwent Gwynedd Powys TOTAL Northern Ireland Antrim Armagh Derry Tyrone TOTAL East Scotland Fife Grampian Tayside TOTAL North Scotland Highland Orkney Western Isles TOTAL South & West Scotland Borders Central Dumfries & Galloway Lothian Strathclyde TOTAL Overall total 9

11 Appendix III Distribution of bird of prey and owl persecution in

12 Appendix IV Confirmed bird of prey and owl persecution during 2002 Type of Persecution Month Species SHOOTING No of birds involved confirmed probable County January sparrowhawk - 1 Greater London February buzzard 1 - Hertfordshire March buzzard 1 - Borders March kestrel - 1 Greater London March barn owl 1 - Gwynedd April kestrel - 1 Greater London April peregrine 1 - Gwent April buzzard 1 - Mid Glamorgan April buzzard 1 - Northamptonshire April buzzard 1 - Northumberland April peregrine 1 - Northumberland April red kite 1 - Tayside May buzzard 1 - Borders May peregrine 1 - Dumfries & Galloway May peregrine 2 - Northumberland June barn owl 1 - Herefordshire July buzzard 1 - Devon July marsh harrier 1 - Norfolk July buzzard 1 - Somerset July buzzard 1 - Strathclyde August buzzard 1 - Devon August peregrine 1 - Shropshire September marsh harrier - 1 Humberside September buzzard 3 - Warwickshire October kestrel 1 - Bedfordshire October red kite 1 - Berkshire October sparrowhawk 1 - Hampshire November buzzard 1 - Buckinghamshire December red kite 1 - Buckinghamshire December peregrine 1 1 Devon December peregrine 1 - Herefordshire December buzzard 1 - Tayside December buzzard 1 - Worcestershire Month unknown kestrel and buzzard -? Lothian Total no of birds

13 12 Type of Persecution Month Species PERSECUTION TYPE UNKNOWN No of birds involved confirmed probable County March hen harrier - 1 Grampian March buzzard - 1 Tayside April buzzard and strigiformes -? Strathclyde peregrine and May buzzard - 2 Gwynedd May marsh harrier - 4 Lincolnshire May hen harrier - 3 North Yorkshire July buzzard - 2 Devon October sparrowhawk 1 - Gwynedd Month unknown peregrine - 1 Antrim Total no of birds 1 14 ILLEGAL LARSEN January sparrowhawk 1 - Cumbria TRAPPING Total no of birds 1 0 POLE TRAPPING April hen harrier 1 - Durham April strigiformes and falconiformes? - Durham May strigiformes and falconiformes? - Clwyd September tawny owl 1 - Clwyd September buzzard - 1 Strathclyde October strigiformes and falconiformes? - Clwyd Month unknown tawny owl - 1 East Sussex Total no of birds 2 2 ILLEGAL TRAPPING January goshawk 1 - Derbyshire (OTHER) March buzzard 1 Borders March falconiformes -? North Yorkshire May falconiformes -? North Yorkshire June buzzard 3 - Tayside July falconiformes? - Northumberland July kestrel 1 - Northumberland August falconiformes? - Tayside Total no of birds 6+ unknown NEST DESTRUCTION January peregrine 1 nest site - Strathclyde April peregrine - 3 eggs Dumfries and Galloway April peregrine 3 eggs - Northumberland May hen harrier - 2 eggs Cumbria May goshawk 3 chicks - Gwent June marsh harrier 1 nest - Lincolnshire June hen harrier - 2 nests Strathclyde Total no of nests 4 4 PROBABLE The evidence points to an illegal act as by far the most likely explanation but the proof of the offence is not categorical.? indicates an incident where no bird was actually found but the species listed is believed or known to be the most likely target.

14 Appendix V Confirmed wildlife poisoning incidents (abuse) during 2002 CONFIRMED INCIDENTS Month Victim(s) No. Victims Poison County Bait if known January kestrel 1 alphachloralose Cumbria meat January buzzard 1 alphachloralose North Yorkshire unknown February buzzard and fox 2 carbofuran Dyfed unknown February buzzard 1 alphachloralose Co Durham unknown February red kite 1 diazinon Highland unknown February buzzard 1 carbofuran Grampian rabbit February golden eagle 1 carbofuran Strathclyde unknown March peregrine?? Gwent tethered pigeon March peregrine 1 aldicarb Gwent tethered pigeon X3 March peregrine 1 aldicarb Gwent unknown March carrion crow 1 carbofuran Tayside unknown March sparrowhawk 2 alphachloralose Tayside pheasant and buzzard March buzzard 2 carbofuran Herefordshire pheasant April red kite 1 strychnine North Yorkshire unknown April golden eagle 1 carbofuran Grampian unknown April buzzard 1 alphachloralose Grampian pigeon April buzzard 1 carbofuran Dumfries and Galloway unknown April buzzard 1 alphachloralose Northumberland lamb April buzzard 1 carbofuran Dumfries and Galloway unknown May peregrine? alphachloralose Gwynedd tethered pigeon May white-tailed 1 aldicarb Highland lamb eagle May red kite 1 alphachloralose North Yorkshire rabbit May white-tailed 1 alphachloralose Strathclyde lamb eagle May peregrine 1 alphachloralose Grampian unknown May cat 1 difenacoum Norfolk - June?? carbofuran North Yorkshire eggs June peregrine 2 alphachloralose Gwynedd tethered pigeon June peregrine 1 alphachloralose Gwynedd unknown July magpie plus 20 2 bendocarb Strathclyde bread unidentified birds July buzzard 1 carbofuran Grampian pheasant X3 (suspected) August carrion crow 1 carbofuran Grampian pheasant September? 1 aldicarb Norfolk pheasant September kestrel 1 aldicarb Norfolk woodpigeon September?? carbofuran and Devon pheasant bromadiolone September?? carbofuran, bromadiolone and warfarin Devon pheasant 13

15 Month Victim(s) No. Victims Poison County Bait if known October?? carbofuran Somerset pheasant X4 (1 tested) October buzzard 1 carbofuran Somerset pheasant X1 October red kite 1 alphachloralose Powys - Month unknown peregrine?? Co Derry tethered pigeon Month unknown peregrine?? Co Tyrone tethered pigeon Month unknown buzzard 2 carbofuran and Highland rabbit alphachloralose Month unknown rook 4 carbofuran and Highland rabbit alphachloralose 43 PROBABLE INCIDENTS No. Bait if Month Victim(s) Poison County Victims known January feral pigeons 20? Kent? March buzzard 1? Northumberland buzzard June??? Dyfed tethered lamb August??? Grampian split open rabbit August??? Dorset partridge X2 October 2 buzzard and 4 fox 6? Devon - 14

16 Appendix VI Significant nest robberies during 2002 CONFIRMED Species No. of nests Eggs/Chicks County barn owl** 1 Chicks Merseyside chough** 1 Eggs Gwynedd kestrel** 2 Chicks Merseyside little ringed plover 3 Eggs Merseyside merlin** 1 Eggs West Yorkshire osprey** 1 Eggs Perthshire peregrine** 1 Eggs Borders peregrine** 2 Chicks Cumbria peregrine** 5 Eggs Cumbria peregrine** 1 Chicks Dumfries and Galloway peregrine** 1 Eggs Lancashire peregrine** 1 Eggs Northumberland peregrine** 1 Chicks West Midlands peregrine** 1 Chicks West Yorkshire peregrine** 2 Eggs West Yorkshire raven 1 Eggs Cumbria red kite** 1? Buckinghamshire tree sparrow* 1 Eggs Yorkshire (Humberside) 25 PROBABLE Species No. of nests Eggs/Chicks County arctic tern** 3 Eggs Lothian avocet** 1 Eggs Essex golden eagle** 1 Eggs Strathclyde golden eagle** 1 Eggs Western Isles kingfisher** 1 Eggs Worcestershire lapwing** 1 Eggs Hampshire merlin** 1 Eggs West Yorkshire peregrine** 2 Eggs Borders peregrine** 3 Eggs Cumbria peregrine** 2 Eggs Dumfries & Galloway peregrine** 1 Eggs Staffordshire peregrine** 1 Eggs Strathclyde red-throated diver** 1 Eggs Highland 19 *Red-listed species of high conservation concern **Amber-listed species of medium conservation concern From Birds of Conservation Concern in the United Kingdom, Channel Islands and Isle of Man PROBABLE The available evidence points to an illegal act as by far the most likely explanation but the proof of the offence is not categorical. 15

17 Appendix VII Bird related prosecutions in 2002 Date Surname Prosecutor Court Act Section Counts Outcome Fine or Punishment Details 16/01/2002 GREEN CPS SUNDERLAND W&C 1-2a 1 G 400 Possessing live wild bird - goshawk W&C G 200 Keeping unringed and unregistered Schedule 4 bird - goshawk W&C G 200 Possession of item capable of being used for offence 16/01/2002 HARPER, A RSPCA ALDRIDGE W&C CD 0 Possession of items capable of being used for offence - cages, mist nets, glue, seeds 16/01/2002 HARPER, S RSPCA ALDRIDGE 18/01/2002 HUMPHREY HMCE ISLEWORTH CROWN COURT W&C CD 0 Possession of items capable of being used for offence - cages, mist nets, glue, seeds CEMA 170(2)(b) 1 G JAIL - 6½ yrs Evade prohibition/restriction on import of goods - 14 species incl. fish owls, marsh harrier and mountian hawk eagle CEMA 170(1)(a)(iii) 15 G JAIL - 6½ yrs Knowingly acquire possession of goods subject to restriction - incl. golden-cheeked gibbon, crested serpent eagle, blyth's and changeable hawk eagles and brahminy kite CT' G JAIL - 6½ yrs Sale/purchase of Annex A specimen - incl. eagle owl, saker, ural owl, crested serpent eagle CT' NG JAIL - 6½ yrs Sale/purchase of Annex A specimen - eagle owl THEFT G JAIL - 6½ yrs Theft of a golden eagle 16

18 Date Surname Prosecutor Court Act Section Counts Outcome Fine or Punishment 18/01/2002 JUNGTHIRAPANICH HMCE ISLEWORTH CROWN COURT 12/02/2002 PENMAN CPS BISHOP AUKLAND 05/03/2002 LASLETT CPS BARRY 06/03/2002 BUTTERWORTH CPS OLDHAM CEMA 170(2)(b) 1 G JAIL - 22 mths 11 suspended Details Evade prohibition/restriction on import of goods - 14 species incl. fish owls, marsh harrier and mountian hawk eagle W&C 1-2b 2 G 700 Possessing egg of wild bird - little-ringed plover and raven. Remaining 105 eggs forfeited. CT' G 1,800 Sale/purchase Annex A species - 2 sparrowhawks, 2 kestrels, 1 peregrine and 1 European eagle owl W&C G 1,200 Non-registration of 12 Schedule 4 birds of prey 19/03/2002 HUMPHRIES CPS NEWTOWN W&C 5-1b 1 CD 0 Using article to take wild bird ABBOTT W&C CD 0 Possession of items capable of being used for offence 08/04/2002 JONES CPS NEATH W&C 5-1b 1 G 80 Using article to kill wild bird - peregrine W&C 5-1b 1 NSP 0 Using article to kill wild bird FE 16-12a 1 G 80 Contravening regulations relating to pesticides FE 16-12a 2 NSP 0 Contravening regulations relating to pesticides W&C G 80 Attempt to commit offence under Part 1 of W&C 1981 W&C NSP 0 Possession of item capable of being used for offence 17

19 Date Surname Prosecutor Court Act Section Counts Outcome Fine or Punishment Details 08/04/2002 O'BRYAN CPS NEATH W&C 5-1b 1 G 80 Using article to kill wild bird - peregrine W&C 5-1b 1 NSP 0 Using article to kill wild bird - peregrine FE 16-12a 1 G 80 Contravening regulations relating to pesticides FE 16-12a 2 NSP 0 Contravening regulations relating to pesticides W&C NSP 0 Possession of item capable of being used for offence W&C G 80 Attempt to commit offence under Part 1 of W&C 1981 FI G 40 Possessing shotgun without certificate 11/04/200 WHITCOMBE CPS CROMER W&C 1-1c 4 G Probation Taking eggs of wild bird - redthroated diver, great skua, oystercatcher and ringed plover W&C 1-5a 1 G Probation Disturbing a Schedule 1 bird near the nest W&C G Probation Possession of items capable of being used for offence W&C 1-2b 2 G Probation Possessing egg of wild bird - red-throated diver, little tern W&C 1-2b 1 G Probation Possessing egg of wild bird other eggs 22/04/2002 GONSHAW CPS THAMES W&C 1-1c 1 NG 0 Taking eggs of wild bird - red kite W&C 1-1c 4 G 2,000 (Substituted for jail sentence) Taking eggs of wild bird - marsh harrier, chough, red-throated diver and dotterel W&C G JAIL - 3 mths Possession of items capable of being used for offence 18

20 Date Surname Prosecutor Court Act Section Counts Outcome Fine or Punishment Details 30/04/2002 FROST CPS SWAFFAM FE 16-12a 1 G 150 Contravening regulations relating to pesticides FE 16-12a 4 NSP 0 Contravening regulations relating to pesticides W&C G 200 Possession of items capable being used for offence 30/05/2002 SMITH RSPCA WEST BROMWICH W&C W&C 1-2a 1-2b 2 1 G G Possessing live wild bird - bullfinch Possessing egg of wild bird - peregrine 06/06/2002 JUVENILE MALE CPS KIRBY YOUTH COURT W&C 1-1a 1 AD 0 Taking wild bird - chicks of blackbird 20/06/2002 SLY CPS COVENTRY W&C 1-1c 1 NSP 0 Taking eggs of wild bird - osprey W&C 1-2a 5 G JAIL - 4 mths possessing dead wild bird - incl peregrine, chough, stone-curlew and little tern W&C 1-2b 1 G JAIL - 4 mths Possessing egg of wild bird - osprey W&C 1-1c 1 G JAIL - 4 mths Taking egg of wild bird W&C G JAIL - 4 mths Possessing items capable of being used for offence 11/07/2002 HAKMI CPS MANCHESTER CITY 27/07/2002 MUAT CPS KNOWSLEY 19/08/2002 DAVIDSON CPS HOUGHTON-LE- SPRING 02/09/2002 MALTBY CPS SPALDING W&C CD 0 Possessing unregistered Schedule 4 species - 2 hobbys CT' G CSO hrs Sale of an Annex A specimen - peregrine W&C CD 2 year CD Possessing items capable of being used for offence W&C 1-2b 9 CD 9 mth CD Possession of 16 wild birds eggs including barn owl 19

21 Date Surname Prosecutor Court Act Section Counts Outcome Fine or Punishment Details 04/09/2002 D'CRUZE CPS SOUTH SEFTON W&C 1-1c 8 NSP 0 Taking eggs of wild bird - marsh harrier, avocet and little tern W&C 1-1c 2 G JAIL - 6 mths Reduced to 5 Taking eggs of wild bird - little tern W&C 1-2a 1 G JAIL - 6 mths Reduced to 5 W&C 1-2b 1 G JAIL - 6 mths Reduced to 5 W&C G JAIL - 6 mths Reduced to 5 Possessing dead wild bird - 29 assorted birds Possessing egg of wild bird eggs of various species Possession of item capable of being used for offence 14/09/2002 WALKER CPS LOUGHBOROUGH W&C 1-2b 3 G CSO Possession of eggs - incl. kingfisher and little ringed plover W&C G CSO Possessing items capable of being used for offence 24/09/2002 LIVOCK CPS BARROW-IN- W&C 1-1a 1 NG 0 Taking wild bird - sparrowhawk FURNESS W&C 5-1b 1 G 250 Using article to take wild bird W&C G 250 Keeping bird in insufficient cage 02/10/2002 SELLARS RSPCA BEVERLEY W&C 1-2a 2 G CSO hrs plus Possession of wild bird - 18 mth RO goldfinches W&C G CSO hrs plus Keeping bird in insufficient cage 18 mth RO 05/11/2002 JOHNSON CPS BOURNEMOUTH W&C G CSO hrs plus 18 mth RO W&C G CSO hrs plus 18 mth RO Attempt to take a wild bird - finches Having items capable of being used to commit the offence - limesticks W&C 1-2b 1 G 300 Possession of eggs - incl. lapwing, song thrush 20

22 Date Surname Prosecutor Court Act Section Counts Outcome Fine or Punishment 12/11/2002 KINSLEY CPS ST HELENS 14/11/2002 HENRY RSPCA NORTH TYNESIDE 19/11/2002 GIBSON CPS WATTLINGTON 27/11/2002 HALSALL CPS DENBIGH W&C 1-2a 1 WD Bound over to keep peace for 6 months to the sum of 60 Details Possession of wild bird - tawny owl W&C 1-2a 1 CD 0 Possession of wild birds - 21 goldfinches W&C 1-1a 4 G 400 Killing a wild bird - blackbird, robin, great tit and blue tit POA - 1 G 600 Driving jet ski at mute swan resulting in death of swan 16/12/2002 O'CONNOR CPS HUYTON W&C 1-1a 1 NSP 0 Taking a wild bird - 2 goshawk chicks W&C 1-2a 1 NSP 0 Possession of a wild bird - goshawk W&C 1-2a 1 G JAIL - 4 mths Possession of a wild bird - goshawk W&C 17-1a 1 G JAIL - 4 mths Knowingly furnish false information to obtain registration of a Schedule 4 species 16/12/2002 EVERETT CPS BASILDON W&C 1-2b 1 CD 0 Possession of eggs 20/12/2002 WILLIAMSON CPS BEDFORD W&C 1-1a 2 CD 0 Shooting 2 rooks 21

23 Key to Appendix VII Total number of charges 153 ACT Total no of guilty charges G, CD,NSP, AD 149 CEMA Customs and Excise Management Act 1979 Guilty charges G 106 CT'97 Control of Trade in Endangered Species (1997) Conditional discharges CD 19 FE Food and Environment Protection Act 1985 No separate penalty NSP 23 FI Firearms Acts (various) Absolute Discharge AD 1 POA Public Order Act Not Guilty charges NG 3 W&C Wildlife and Countryside Act 1981 Withdrawn WD 1 THEFT Theft Act 1968 Total fines 7,420 PROSECUTOR PUNISHMENT CPS Crown Prosecution Service CSO Community service order RSPCA Royal Society for the Prevention of Cruelty to Animals JAIL Jail sentence HMCE Her Majesty's Customs and Excise RO Reparition order 22

24 Appendix VIII Analysis of charges brought during under the Wildlife and Countryside Act A comparison of the successful convictions under the different sections of the Wildlife and Countryside Act for the years 1998, 1999, 2000, 2001 and Number of defendants Convicted 1998 Convicted 1999 Convicted 2000 Convicted 2001 Convicted a 1-1b 1-1c 1-2a 1-2b 1-5a 11-1c 14-1a 14-1b 17-1a a 5-1b 5-1c 5-1d 6-1a Section of the WCA

25 16 Acquittals and convictions under the different sections of the Wildlife and Countryside Act for Number of defendants Aquitted 2002 Convicted a 1-1c 1-2a 1-2b 1-5a 17-1a b Section of the WCA

26 Key to Appendix VIII Section Description 1-1a Taking/killing a wild bird 1-1b Damaging the nest of a wild bird while still in use 1-1c Taking/destroying the egg of a wild bird 1-2a Possession of a wild bird 1-2b Possession of eggs 1-5a Disturbance of a Schedule 1 bird with young in/near the nest 5-1a Positioning an article to injure a wild bird 5-1b Using an article to kill a wild bird 5-1c Using a weapon to kill a wild bird 5-1d Using a decoy to take a wild bird 6-1a Selling a wild bird or its eggs 7-1 Keeping unringed and unregistered Schedule 4 birds 8-1 Keeping a wild bird in an insufficient cage 11-1c Using a decoy to take an animal 14-1a Release of a non-resident animal into the wild 14-1b Allowing the escape of a non-resident animal into the wild 17-1a Knowingly furnish false information to obtain registration 18-1 Attempting to commit an offence 18-2 Possession of items capable of being used for an offence 25

27 The RSPB routinely monitors all incidents relating to bird crime. To report any information concerning such incidents, please contact your local Police Wildlife Liaison Officer, or the RSPB at any of the addresses below. UK Headquarters The Lodge Sandy Bedfordshire SG19 2DL Tel: Northern Ireland Headquarters Belvoir Park Forest Belfast BT8 7QT Tel: Scotland Headquarters 25 Ravelston Terrace Edinburgh EH4 3TP Tel: South Wales Office Sutherland House Castlebridge Cowbridge Road East Cardiff CF11 9AB Tel: BirdLife INTERNATIONAL The RSPB works for a healthy environment rich in birds and wildlife. It depends on the support and generosity of others to make a difference. Registered charity no