BIRDCRIME Offences against wild bird legislation in Produced by the RSPB

Transcription

1 BIRDCRIME 2004 Offences against wild bird legislation in 2004 Produced by the RSPB

2 Contents Summary of reported incidents in Shooting and destruction of birds of prey 3 Poisoning 5 Egg collecting 6 Trade in wild birds 7 Other wild bird crime 8 Recorded prosecutions in Review of Appendix I Incidents reported to the RSPB Appendix II Regional breakdown of incidents reported in Appendix III Distribution of confirmed birds ofprey and owl persecution incidents Appendix IV Confirmed and probable birds of prey and owl persecution during Appendix V Confirmed wildlife poisoning incidents (abuse) during Appendix VI Schedule 1 nest robberies during Appendix VII Bird-related prosecutions in Appendix VIII Analysis of charges brought during under the Wildlife and 34 Key to Appendix VIII 35 wpo\np\birdcrime 2004.doc\5405 1

3 Summary of reported incidents in 2004 This report summarises offences against wild bird legislation reported to the RSPB in Further copies are available on request from the RSPB Investigations Section at The Lodge, Sandy, Bedfordshire SG19 2DL. It is believed that these published figures represent only a fraction of the total number of incidents, as many remain undetected and unreported, particularly those that occur in remote areas. In 2004, the RSPB received 481 reports of potential offences against wild birds (see Appendices I and II). In 2004 there were: 122 reports of shooting and destruction of birds of prey with the confirmed shooting of 18 birds. 102 reports of poisoning incidents, involving 108 poisoned birds and other animals. 62 egg collecting incidents including confirmed egg robberies from the nests of 21 Schedule 1 species. 16 reports of illegal taking, possession or sale of birds of prey. 22 reports of illegal taking, possession or sale of wild birds other than birds of prey, predominantly finches. This was the lowest number of reports received in the last five years (cf average of 616 incidents). Whether this reflects an actual reduction in bird crime incidents is difficult to assess. Though there are indications that some areas of wildlife crime may be reducing, we also believe that an increasing number of reports may be made directly to the developing Police Wildlife Crime Officer s network, and other agencies, which are not necessarily recorded in RSPB figures. The police are currently trying to standardise the recording of wildlife crime incidents to provide a better picture of incidents at a national level. Persecution remains a serious problem for many birds of prey and confirmed incidents are mapped in Appendix III. During 2004, the police started to prioritise the targeting of wildlife crime by adopting a number of conservation-based priorities. Encouragingly, this included the launch of Operation Artemis to try to tackle the continuing illegal killing of hen harriers on grouse moors. The region with the highest number of reported incidents was south and west Scotland, followed by north-west England and thirdly, east Scotland (see Appendix II). At least 32 individuals were brought before Court. These cases involved a total of 118 charges, of which 78 were found guilty, 16 not guilty and the remainder discontinued. Four custodial sentences were awarded in 2004 with fines totalling 14,883. References to previous years figures may vary slightly from relevant issues of Birdcrime following late reports of incidents. 2

4 Shooting and destruction of birds of prey Osprey In 2004, there were 122 reported incidents of illegal shooting, trapping or nest destruction of birds of prey (see Appendix IV). This is marginally the lowest number of reported incidents over the last five years (cf average of 150 incidents). There were at least 26 reports of shot birds of prey with 18 confirmed incidents including the shooting of two ospreys, a red kite, a marsh harrier, a peregrine and a goshawk. The osprey incidents were unusual, with both birds being shot in England during migration; one bird survived and was released only to be later shot dead in Spain. Six illegal spring-trap incidents were reported resulting in the death of two buzzards and a peregrine, with 13 reports of other illegal bird trapping incidents. There were seven reported incidents of nest destruction (involving the destruction of the nest or contents), with two confirmed incidents involving a hen harrier and a buzzard. As the number of reported incidents is believed to be only a fraction of those actually occurring it is not possible to say whether 2004 represents a real reduction in levels of birds of prey persecution. There are encouraging indications in some areas with the continuing increase in population and distribution of species like the common buzzard. However, there is still grave concern over the status of species like the hen harrier with only eight successful breeding pairs in England in During 2004, a major survey of breeding hen harriers in the UK and the Isle of Man, jointly funded by the RSPB, Scottish Natural Heritage (SNH) and other countryside agencies, was carried out by the Scottish Raptor Study Groups and RSPB contract surveyors. This showed a UK population increase of 44% from 521 pairs in 1998 to 749 pairs in The Scottish population increased by 45% to 633 pairs, which was concentrated in Orkney, the Hebrides and the north and west Highlands. However, most of the decreases were in areas with a concentration of driven grouse moors (south and east Scotland and the north of England). Case studies Goshawk Gamekeeper receives custodial sentence for goshawk persecution On 29 January 2004, at Buxton Court, John Reginald Cripps, a gamekeeper from Birchinlee in Derbyshire, received a three-month prison sentence, suspended for two years, for destroying goshawk eggs in their nest in the Peak District National Park. He was given a concurrent one-month suspended sentence for recklessly disturbing the goshawk and for possession of climbing irons. He was found not guilty on 16 charges of raptor persecution and egg collecting. An appeal against conviction was later dismissed. Significantly, this is the first custodial sentence for birds of prey persecution under the Wildlife and (WCA). 3

5 In April 2002, members of the South Peak Raptor Group and an offduty Wildlife Crime Officer (WCO) heard a goshawk alarm calling from woodland in the Derwent Valley, Derbyshire; moments later they saw two local gamekeepers leaving the wood. A nest with an incubating female goshawk was located but a few days later, the tree had been climbed by someone with spikes, and the eggs destroyed. Police and the RSPB searched Cripps address, and found treeclimbing spikes and a gamekeeping diary that held coded entries. It was believed these related to the persecution of three goshawks (including an incident at the site in question), nine peregrines, ravens and a sparrowhawk. The nest tree was felled and sections were removed for forensic examination, which showed moderately strong evidence the marks had been made by the spikes seized from Cripps. On 29 January 2004, District Judge Chalk found the defendant guilty of recklessly disturbing the goshawk, destroying the eggs and having climbing spikes for committing an offence. He stated he suspected the coded entries did relate to persecution, but that he could not be sure they meant killing, and it was unsafe to convict on these matters. Cripps received a suspended sentence of three months and was told that only exceptional family circumstances prevented a custodial sentence. The appeal on 6 December 2004 at Derby Crown Court heard new defence evidence on predation and tree damage, which was countered by prosecution scientists. After three days, Judge Stretton dismissed the appeal, saying: Even if others climbed the nest tree, he was present on the day and it was under his instruction and using his climbing spikes he was, therefore, culpable. He also believed the coded entries did relate to something being destroyed and that the explanation given by Cripps was untrue. Conflicts with pigeon fanciers Although recent studies indicate that losses of racing pigeons to birds of prey are negligible when compared to losses through straying, exhaustion and collisions, some individuals still seem prepared to take the law into their own hands. Sparrowhawk On 3 November 2004 at Calderdale Court, pigeon fancier Henry Stanley Reid, of Brow Lane, Shibden, Halifax, pleaded guilty to attempting to take a wild bird. He was fined 200 and 60 costs. On 8 April 2004, WCO Roman Soltan attended a report of a set home-made cage-trap, similar to a Larsen trap, baited with three live zebra finches. It was clearly a hawk trap and, when interviewed, Reid admitted having recent problems with a sparrowhawk but claimed the trap was placed for a magpie (though still set illegally for this species). On 19 January 2004, pigeon fancier Jonathan Watson, 19, of Carrington Terrace, Llanrwst, North Wales was convicted at Llandudno Court of deliberately running over a sparrowhawk with his car when he saw it trying to kill a pigeon in a car park at Llandudno Junction in September The court heard 4

6 from three members of a horrified family who had been watching the events unfold from the window of a restaurant. They told how they had seen the sparrowhawk fall to the ground with its pigeon prey. The defendant drove past, turned round, lined his car up with the birds and then accelerated over them. Watson also pleaded guilty to possession of the sparrowhawk. He was fined 200 and ordered to pay 120 costs. Poisoning Red kite There were 102 reported poisonings incidents in 2004 (cf average of 99). There were 42 incidents where abuse of a pesticide was confirmed by analysis of victim or bait. These involved the death of 107 birds and a fox. Species included 46 buzzards (including 22 in one incident), four red kites, four peregrines, one goshawk and nine ravens (one incident). Carbofuran was recorded in 31 incidents, four alphachloralose, two mevinphos and one each of strychnine, triazophos, metaldehyde, fenthion and methomyl. Thirty-one of the confirmed incidents were in Scotland, 10 in England and one in Wales (see Appendix V). Carbofuran is the most regularly abused pesticide used to poison wildlife, though there appears to be a continued reduction in the illegal use of alphachloralose. Although the approval of carbofuran was withdrawn in 2001, it appears illegal stocks of this pesticide are being specifically held for illegal wildlife poisoning. Encouragingly, a new offence of possessing a pesticide without lawful excuse has been included in the Nature Conservation (Scotland) Act Similar changes are being considered in England and Wales. Case studies Buzzard Gamekeeper fined for multiple buzzard poisoning On 25 August, at Selkirk Sheriff Court, gamekeeper Stephen Muir, 38, admitted killing 16 buzzards and a goshawk by laying poisoned bait on a hillside. He was fined 5,500. In March, following a report from the public, Lothian and Borders Police visited Barns Estate, Peebles, accompanied by the RSPB. They discovered the remains of 22 buzzards, a goshawk and a heron. Muir was fined 2,500 for killing the buzzards and goshawk, 2,500 for placing poisoned bait and 500 for recklessly endangering people and wildlife by placing poison on a hillside. Passing sentence, Sheriff James Farrell said he had taken into account the fact that Muir was a first offender and had pleaded guilty. The case was widely reported in the media as Scotland s worst wildlife crime. The illegal use of pesticides remains a significant problem and the RSPB believes this level of abuse occurs in other areas. 5

7 Gamekeeper fined for pesticide storage offences On 15 December 2003, David Stewart, a self-employed gamekeeper from Ballinluig, Perthshire, pleaded guilty at Perth Sheriff Court to offences under the Food and Environment Protection Act 1985 and the Control of Pesticides Regulations These related to the storage of the pesticides alphachloralose and Cymag beyond the terms of their approval. He was fined 1,200. During March 2004, two pesticide abuse incidents took place in Perthshire with the recovery of a number of rabbits baited with carbofuran, and several dead buzzards and a carrion crow. The Tayside Police, assisted by the Scottish Executive Environment and Rural Affairs Department (SEERAD) and the RSPB, carried out searches on Stewart s vehicles and sheds. This revealed an unmarked tub of alphachloralose found under the front seat of an unlocked fourwheel drive vehicle. Alphachloralose has a long history of abuse in the illegal killing of birds of prey, and Stewart was unable to indicate a legal use for it. This product is now included on the prescribed list in Scotland for the new offence under Section 15A of the WCA and it is now an offence to possess it without a legitimate reason. A tin of Cymag was recovered from an open garage. This used to be legally used for controlling rabbits and rats and gives off the very toxic hydrogen cyanide gas when in contact with moisture. The government approval of this product has been withdrawn since the beginning of 2005 and it is now illegal to use or store this pesticide. Egg collecting Little tern There were 62 reports of egg collecting incidents in 2004 (cf average of 75). This included 21 confirmed egg robbery incidents of Schedule 1 species (cf average of 18). This involved 14 clutches of little terns (one incident), two red kites, two peregrines, and single clutches of black-tailed godwit, golden eagle and barn owl. Details between years are difficult to compare as seizures of a single collection with data can have a significant bearing on annual totals. However, there does appear to be a gradual long-term reduction in the number of reports and prosecutions. Reports were again received that UK collectors were travelling to Eastern and Southern Europe to collect eggs. A loophole previously highlighted by the RSPB was finally addressed in 2004 with an amendment to the definition of wild bird under the WCA. This effectively makes it an offence to be in possession of a protected wild bird or egg taken in other EU Member States. There was only one significant prosecution for egg collecting in 2004; this resulted in a custodial sentence. This brings the total number of custodial sentences awarded to egg collectors between 2001 and 2004 to seven, involving six individuals. The RSPB believes that the wider 6

8 range of sentencing powers available to the courts are helping to bring about a reduction in egg collecting offences. There were seven reports involving the sale, or offering for sale, of birds eggs. This included eggs being advertised on internet sites such as ebay. Black-tailed godwit Case study On 1 June 2004, birdwatchers on the island of Tiree, Scotland saw Matthew Gonshaw, of Cherrywood Close, Bow, London collecting eggs. They alerted the local RSPB warden, who persuaded him to return them to their nests. Strathclyde Police later took forward the prosecution and on 18 October 2004, Gonshaw pleaded guilty by post at Oban Sheriff Court to three charges of taking and possessing birds eggs, plus possession of egg-collecting equipment. Having later failed to appear, he was remanded in custody and sentenced on 6 December to a four-month sentence, becoming the first person to receive a custodial sentence in Scotland since the amendments brought in by the Criminal Justice (Scotland) Act in He also received a 5,000 fine. Gonshaw had two previous convictions for egg collecting, including his first custodial sentence in 2002 for taking eggs, though significantly, his collection was never found. Following the incident in Scotland, warrants were executed by the Metropolitan Police at two addresses in London, assisted by the RSPB. From his father s address, over 600 eggs were recovered, most taken by Gonshaw during the last 10 years and many taken from RSPB reserves, including red kite, avocet, chough and roseate tern. At his home, a thorough search found a hidden compartment inside his bed containing over 100 eggs, probably taken during These included a clutch from a black-tailed godwit, one of the UK s rarest breeding birds with a fragile population of around 40 pairs. Binoculars, documentation, books and egg-collecting equipment were also seized. Having only just been released from prison in Scotland, on 20 January 2005, Gonshaw pleaded guilty at Thames Court to 10 charges under the WCA. These related to taking rare birds eggs in 2004, plus possession of 578 eggs and collecting equipment. The magistrates stated the offences were so serious that they had no option but to impose a six-month custodial sentence, the highest since new sentencing powers were brought in under the Countryside and Rights of Way Act Trade in wild birds In 2004 there were 46 reported incidents involving the taking, sale and possession of live or dead wild birds (cf average of 86). Of these 16 related to the possession, sale or taking of live birds of prey, 22 to the possession, sale or taking of other species and eight to the possession of dead birds for taxidermy. 7

9 There appears to have been an encouraging decrease in the taking and sale of birds of prey during the last decade. This is thought to have been prompted by a number of high profile cases in the 1990s involving the use of DNA testing to challenge captive breeding claims. Encouragingly, further Defra funded research is ongoing to improve the use of DNA techniques for a number of raptors. The use of this technique has relied heavily on the registration records maintained by Defra. A review of the registration process, begun in 2003, continued in 2004 with a further review of the criteria for species listed on Schedule 4 of the WCA. The RSPB believes it is essential for sought-after native species, like peregrine and goshawk, to retain the additional protection provided by the registration system and believes there is the opportunity to add a number of globally threatened nonnative species. The reported incidence of illegal taxidermy remains at a low level, though detection may have become difficult since taxidermy controls were de-regulated by Defra in Case studies In September 2004, Bruce Berry, owner of the New Forest Owl Sanctuary, Hampshire was given a 240-hour community service order and told to pay 10,000 costs after being found guilty of five offences under the Control of Trade in Endangered Species Regulations 1997 (COTES) and the theft of a saker falcon. Marsh harrier The enquiry started in 2003 following the BBC undercover television documentary, Inside Out, which made allegations about mistreatment of birds at the centre. A few days later, Hampshire police raided the centre and Berry s home. Berry later resigned from running the centre, which closed in July 2003 before re-opening under new ownership. The offences included sale of two marsh harriers, a tawny owl, a Hermann s tortoise and commercial display of a tawny owl without Article 10 Certificates. Berry was cleared of releasing barn owl chicks into the wild and of using false documents to obtain licences. When sentencing, Judge David Griffiths said, Persons like yourself, who are directors of an owl sanctuary, must realise that ignoring these regulations for profit or convenience will be taken seriously by the courts. Other wild bird crime There were 142 other reports of offences against wild birds (cf average of 203). This included 110 reports of the shooting or destruction of birds other than birds of prey, 31 of which were confirmed involving the death or injury to birds or destruction of nests. Birds targeted included 11 mute swans, two herons, two oystercatchers, a great-crested grebe and a whooper swan. There were 11 incidents involving the disturbance of Schedule 1 species. Case studies Mute swans are regular targets of wildlife crime. In 2004, two cases involving the killing of mute swans resulted in custodial sentences. 8

10 On 7 January 2004, Damien Penrose of Torrington Court, Park North appeared at Swindon after he and a 15-year-old accomplice had shot a mute swan dead with an air rifle. They also shot and injured the swan s mate, which later died. Penrose pleaded guilty to killing and injuring the swans, possession of an air weapon in a public place, plus an unrelated offence of criminal damage. He received an eight-week sentence. Mute swan On 11 February 2004, Michael Barnett, from Smythen Street, Exeter, Devon, pleaded guilty at Exeter Court to killing a mute swan under Section 1 of the WCA. In December 2003, Barnett was seen to entice a swan to the bank of Exeter Quay, which he then grabbed, wrung its neck and smashed it onto the concrete path in front of a large number of outraged shoppers. Imposing a three and a half month custodial sentence, Magistrate Geoffrey Harrison said, We consider the offence to be so serious that only a custodial sentence can be just. You deliberately killed the swan, a most horrendous act. This took place in front of members of the public, causing them considerable distress. Recorded prosecutions in 2004 The RSPB maintains a record of all reported prosecutions involving offences against wild birds. In 2004, 32 individuals were prosecuted within the UK (cf average of 39). The majority of summonses or charges were, as usual, brought under Part I of the WCA and related to the killing, taking or possession of birds and their eggs. There were two successful prosecutions involving offences under COTES, and three prosecutions involving the Food and Environment Protection Act 1985 (FEPA), which lays down controls on the possession and use of pesticides. Four custodial sentences were issued in 2004; this included the first in Scotland since the introduction of the Criminal Justice (Scotland) Act Significantly, the first custodial sentence was awarded for a case involving bird of prey persecution. Peregrine A disappointing decision in 2004 was the acquittal of a Scottish gamekeeper for the intentional taking and disturbance of a peregrine chick at nest near Peebles, despite video evidence offered by the prosecution. This was obtained by the RSPB in June 2003 and appeared to show a man taking a peregrine chick and carrying it away in a bag. After two hours of legal argument, the sheriff ruled that the video footage was inadmissible evidence because the RSPB did not have permission to be on the Haystoun Estate for the purpose of detecting an offence. However, gamekeeper John McLeod was fined 300 after police officers found a weapon and ammunition in his unattended Landrover. RSPB video evidence has been routinely accepted in many cases throughout the UK, including Scotland, and the decision on this occasion was very disappointing. Though not legally binding, how 9

11 this ruling will affect future cases in Scotland is uncertain. Interestingly, a similar argument was used to try to exclude information gathered by the RSPB about a suspected illegal trap, which led to the granting of a search warrant. On 4 December 2004, the Appeal Court heard a Bill of Suspension brought by gamekeeper Stuart Graeme Kennedy. However, they ruled that the warrant had been properly granted and that there was no contravention of the rights to privacy conferred by Article 8 of the European Convention on Human Rights. Following this ruling the gamekeeper was subsequently convicted though he has since entered an appeal. Review of 2004 Introduction The RSPB s Investigations Section assists the police and other organisations with the investigation and prosecution of offences against wild birds. All incidents reported to the RSPB are recorded on the Species Protection Database, which is registered with the Data Protection Registrar for the prevention and detection of wild bird crime and the apprehension and prosecution of offenders. In the last few years, the Home Office has recorded only COTES offences, and wildlife crime has not formed part of any official statistics. Encouragingly, 2004 saw mechanisms being put in place through the Police National Standard for Incident Recording (NSIR), scheduled to commence in April This should improve recording of wildlife offences and hopefully start to provide a better picture of the number and types of wildlife crimes being reported to the police. Partnership for Action Against Wildlife crime The Partnership for Action Against Wildlife Crime (PAW), chaired by Defra and the Police, is a multi-agency body and provides an opportunity for statutory and non-statutory bodies to work together to combat wildlife crime. A significant development in 2004 was the identification of conservation priorities for focussing work of the enforcement authorities. The government s Joint Nature Conservation Committee (JNCC) in consultation with the statutory nature conservation organisations identified these priorities. The four priority areas for enforcement which were put forward involve hen harrier persecution, bats, trade in species on Annex A of the European regulations implementing CITES (the Convention on International Trade of Wild Fauna and Flora) and SSSI damage. It is intended these will generate proactive police work throughout the UK. This process was formally launched at the PAW seminar, held at Kew on 24 February The first of these projects to get up and running was Operation Artemis, the response of the UK police to the ongoing systematic persecution of hen harriers. 10

12 Operation Artemis Having been launched at the February PAW seminar, one of the first parts of the project involved seeking the assistance of landowners and the shooting community to raise the profile of the hen harrier. Upland estates with breeding hen harriers, or potential for breeding, were visited by WCOs and Rural Beat Officers and supplied with an Operation Artemis code of best practice, setting out guidelines for management at or near breeding sites. Landowners and upland managers were invited to sign up to the project. This has however, met with a mixed response with most choosing not to sign up to the project and some strong criticism from the shooting community. Despite 50 years of full legal protection, the hen harrier, and many other birds of prey, continue to suffer from regular persecution. The response from the shooting community in failing to give more backing to this new project was disappointing and indicative of the strong emotions evoked by this species. Full details of the Operation Artemis are available on the dedicated website Police Wildlife Crime Officers The majority of police forces now have at least one WCO to deal with the police response to reports of wildlife crime. Most WCOs carry out their wildlife role in addition to their regular duties. There are now over 700 WCOs across the UK, of which at least 14 are on a full-time basis. The RSPB would like to see an increase in the number of full-time officers. The 16th National Police and Customs Wildlife Enforcement Conference was held at Tulliallan Police Training College on 8 10 October, with around 150 delegates. Presentations included work on the new conservation-based priorities, updates on legislation and a selection of case studies. There were also four workshops covering the use of forensics, traditional Asian medicines, CITES derivatives and non-native species. The 2004 winner of the WWF-sponsored Wildlife Enforcer of the Year award was WCO Phil Briggs of Strathclyde Police. This followed a number of successful cases plus work with the media to publicise wildlife and environmental issues. Two other awards were presented to Lance Cruse, HMCE Felixstowe, and PC Craig Fellowes, Warwickshire Police WCO, for their contribution to combating wildlife crime. The National WCO Foundation course organised by PAW and the Warwickshire Police ran on three occasions in This week-long training course gives WCOs the opportunity to receive instruction from a range of agencies, including the RSPB, on a wide variety of wildlife crime issues. More courses are planned for

13 House of Commons Environmental Audit Committee report on wildlife crime In October 2004, the House of Commons Environmental Audit Committee published its findings after taking evidence from Defra, police, the RSPB and other agencies. The report highlights the failure of the Government and police to recognise wildlife crime, stating: We see this refusal to accept wildlife crime as an issue deserving of committed police resources as especially short-sighted, and asks the Government to restate its commitment to tackling the issue. Among 41 recommendations are calls for the Government to improve the recording and investigation of wildlife crime and for all police forces to appoint a full-time WCO. Defra has been asked to table improved legislation, including amendments to the WCA, COTES and a new marine bill. It concluded: We believe that the link between wildlife crime and other serious crimes, the clear and growing involvement of organised crime, and the increased reliance on the internet for illegal trade in protected species, makes the argument for spending time and resources on this area of crime compelling. In March 2005, Defra produced a response, which accepted many of the concerns raised and identified areas where it intended to make further progress. The RSPB hopes the Government will use this opportunity to address the issues raised by the Committee. This should make a significant difference to many of the problems that face those involved with wildlife law enforcement. Specialist prosecutors in Scotland On 29 September 2004, during the Scottish Wildlife Conference at Tulliallan, Fife, Elish Angiolini QC, Scotland s solicitor general, announced that a national network of specialist prosecutors had been set up across the country to help bring wildlife criminals to justice. In the announcement, she said that the protection of Scotland s natural heritage depended on education, crime prevention and enforcement. New wildlife laws for Scotland Following amendments introduced by the Criminal Justice (Scotland) Act 2003, further reforms came into force on 1 October 2004, when the Nature Conservation (Scotland) Act 2004 came into force. The key points include: White-tailed eagle The concept of recklessness All relevant occurrences of intentionally in the WCA have been amended to intentionally or recklessly. The concept of recklessness is well established in Scottish law and does not classify accidental or inadvertent acts as offences. There is also a new offence of intentional or reckless harassment of any wild bird included in Schedule 1A; currently this includes the whitetailed eagle. 12

14 Extra protection for leks and nests outside the breeding season It is now an offence to intentionally or recklessly take, damage, destroy or otherwise interfere with any nest habitually used by any wild bird included in Schedule A1; currently this includes the whitetailed eagle. It is also an offence to intentionally or recklessly disturb any lekking Schedule 1 bird. This relates mainly to the capercaillie, a species whose leks have been subject to disturbance. Capercaillie Tighter controls on snares and non-native species There are tighter controls on snares and the Act empowers Ministers to introduce further technical regulations. Under Section 14, it is now an offence to introduce into the wild any hybrid of non-native or Schedule 9 animals or plants. Ministers may also prohibit the sale or possession of any specified nonnative plant or animal. A prohibition on the possession of certain pesticides The 2004 Act inserts Section 15A, making it an offence to be in possession of a pesticide containing one or more prescribed active ingredients. This move came about following repeated abuse of certain products to illegally kill protected wildlife. It will be a defence to show that the possession of the pesticide was for the purposes of doing anything in accordance with any regulations made under Section 16(2) FEPA or the Biocidal Products Regulations 2001 (SI 2001/880) or any replacement regulations. The Possession of Pesticides (Scotland) Order 2005 (Scottish SI 2005/66), lists the prescribed active ingredients and came into force on 14 March This currently lists aldicarb, alphachloralose, aluminium phosphide, bendiocarb, carbofuran, mevinphos, sodium cyanide and strychnine. Some of these are not currently approved and storage of these products would also be contrary to FEPA. Clearer powers of search, entry and investigation for the police Section 19 now explicitly allows police officers to enter land to search for evidence, as well as to search or examine evidence. In addition, it allows police officers to take other people or necessary equipment. Other provisions The offence of cause or permit has been extended to all Part I offences. There are new powers for wildlife inspectors to parallel the updated provisions in England and Wales. There are improved provisions for other animals and plants, plus amendments to the Protection of Badgers Act The 2004 Act also introduces measures relating to biodiversity and Sites of Special Scientific Interest (SSSI). Pesticide provisions in England and Wales Following new controls brought in on the possession of pesticides in Scotland, it is hoped that similar legislation will also be introduced in England and Wales. In December 2004, the RSPB produced a report Possession of pesticides time for change. This followed up a 13

15 recommendation in the UK Raptor Working Group s report to Ministers published in 2000, which identified a loophole in existing legislation. This allowed anyone to possess a range of highly toxic agricultural pesticides, irrespective of whether they had been trained in their use or had a legitimate reason, providing they were correctly stored. The illegal poisoning of birds of prey and other wildlife remains a serious problem despite improvements to the legislation and the ongoing Defra publicity campaign. A small number of pesticides have persistently been involved in wildlife poisoning and though some of these are no longer approved for use, there is currently no onus on people to account for possession of pesticides for which they would appear to have no legitimate use. The RSPB consulted a range of organisations involved with pesticide use or enforcement of pesticide legislation. Among those who responded, there was general support for tighter controls. This consultation process has proved very useful and there is currently a proposal in the Natural Environment and Rural Communities (NERC) bill to introduce similar legislation to that already in place in Scotland. Change to definition of wild bird In 2004, the definition of wild bird under Section 27 of the WCA was changed to afford protection to all European birds. Until recently, it was illegal to possess wild birds or their eggs taken in the UK, but not those from elsewhere in Europe. Collectors acquiring birds or eggs illegally in other European countries could not be prosecuted once back home. The change was implemented in July in England and Wales by a Statutory Instrument (SI 1487 of 2004), while in Scotland, the required amendments were made by the Nature Conservation (Scotland) Act COTES review The consultation paper requesting views on the review of COTES closed in April The police, the RSPB and other agencies identified a number of issues that required revision, including police powers, sentencing and forfeiture provisions. Following a long delay, new draft regulations were published for consultation in January 2005, and it is hoped the new regulations will appear later in the year. Schedule 4 of the Wildlife and Section 7 of the WCA and associated regulations control the ringing and registration of birds listed on Schedule 4 of the Act. Following the review of the Bird Registration Scheme in 2003, on 5 April 2004, the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (England) (Amendment) Regulations 2004 (SI No. 640 of 2004) came into force. SI No of 2003 brought in similar amendments in Wales. The new regulations removed the requirement for keepers to reregister Schedule 4 birds every three years and allow a bird to be 14

16 registered without a Defra-issued ring if it is marked in accordance with the European regulations implementing CITES (EC 338 of 1997 and EC 1808 of 2001). The RSPB opposes alternative forms of markings, as there appears to be no guarantee that such markings are unique, which may cause confusion and evidential problems. Bali starling Following these changes the JNCC was asked to review the criteria for including birds on Schedule 4 and to come up with a new species list. JNCC s proposals meet with the broad approval of the RSPB, which has been pushing for Schedule 4 to include more globallythreatened birds, while retaining many of the high value, sought-after native species that are threatened by nest robbery. The proposals include retaining the peregrine and goshawk and, encouragingly, adding a number of threatened exotics, such as the Bali starling and Lear s macaw. However, a number of large falcons, which the RSPB would like to see listed because of the demand for the species in trade, are currently omitted. The JNCC proposals can be downloaded at The issue is expected to go out to public consultation in 2005 before a final decision is reached. 15

17 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 nonbirds 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 Other Total UK breakdown for 2004 England 247 Scotland 201 Wales 28 Northern Ireland 2 Not specified Note: Reported incident totals for previous years may have increased due to a number of belated reports received after the publishing date for the Birdcrime of that year. 16

18 Appendix II Regional breakdown of incidents reported in 2004 RSPB region County Birds of prey or owl Other birds Overall total Central England Bedfordshire Berkshire Buckinghamshire Gloucestershire Herefordshire Hertfordshire Leicestershire Northamptonshire Oxfordshire Warwickshire West Midlands Worcestershire Total Eastern England Cambridgeshire Essex Lincolnshire Norfolk Suffolk Total North England Cleveland Cumbria Durham Humberside North Yorkshire Northumberland Tyne and Wear Total North West England Cheshire Derbyshire Greater Manchester Isle of Man Lancashire Merseyside Nottinghamshire Shropshire South Yorkshire Staffordshire West Yorkshire Total South East England East Sussex Greater London Hampshire Kent Surrey West Sussex Total

19 RSPB region County Birds of prey or owl Other birds Overall total South West England Cornwall Devon Dorset Somerset Wiltshire Total Wales Clwyd Dyfed Gwent Gwynedd Mid Glamorgan Powys South Glamorgan West Glamorgan Total Northern Ireland Antrim Down Total East Scotland Fife Grampian Tayside Total North Scotland Highland Western Isles Total South and West Scotland Borders Central Dumfries and Galloway Lothian Strathclyde Total

20 Appendix III Distribution of confirmed birds of prey and owl persecution incidents 2004 The number of incidents marked on the map is fewer than the actual number reported because not all incidents can be allocated a grid reference. Where more than one incident has been reported in the same 10 km grid square, the relevant symbols have been moved slightly for clarity. 19

21 Appendix IV Confirmed and probable birds of prey and owl persecution during 2004 Persecution type Month Species No. of birds/nests involved County Confirmed Probable Shooting January Buzzard - 1 Highland February Buzzard 1 - North Yorkshire March Falconiformes 1 - Leicestershire Buzzard 1 - Powys Buzzard 1 - North Yorkshire Buzzard 1 - Cumbria April Buzzard - 1 Warwickshire Red kite 1 - Lincolnshire Sparrowhawk - 1 North Yorkshire Sparrowhawk - 1 Warwickshire May Buzzard 1 - Strathclyde Buzzard 1 - Grampian Osprey 1 - Lincolnshire Short-eared owl 1 - Strathclyde June Buzzard 1 - Lothian Peregrine 1 - Borders Marsh harrier 1 - Norfolk Peregrine 1 - Merseyside July Goshawk 1 - Gloucestershire August Barn owl 1 - Cheshire Buzzard - 1 Warwickshire Sparrowhawk 1 - Essex September Osprey 1 - Wiltshire October Buzzard - 1 Borders November Peregrine - 1 Borders December Hen harrier - 3 West Yorkshire Total Persecution type March Peregrine -? Lancashire unknown April Peregrine -? Dumfries & Galloway Peregrine -? Borders Peregrine -? Derbyshire May Hen harrier - 1 Highland Buzzard - 1 Grampian Peregrine? - Fife Peregrine -? Borders Peregrine? - Fife Peregrine -? Lancashire June Goshawk -? Borders Hen harrier -? Strathclyde 20

22 Persecution type Merlin -? Tayside unknown July Hen harrier -? Dumfries & Galloway Hen harrier -? Dumfries & Galloway August Hen harrier - 4 Cumbria October Barn owl 1 - Gloucestershire November Hen harrier - 2 Strathclyde Total 1 8 Illegal Larsen April Sparrowhawk? - West Yorkshire trapping Peregrine -? Central Peregrine -? Central Peregrine -? Central May Buzzard -? Borders July Long-eared owl -? Tayside Total 0 0 Illegal spring February Falconiformes? - Grampian trapping April Buzzard 1 - South Yorkshire June Falconiformes? - Lothian September Buzzard 1 - Clwyd Peregrine 1 - North Yorkshire Total 3 0 Illegal trapping February Kestrel - 1 Northumberland (other) Buzzard 1 - Buckinghamshire March Falconiformes? - Strathclyde May Long- eared Owl 1 - Tayside Short-eared owl 2 - Tayside August Kestrel 5 - Strathclyde Sparrowhawk - 1 Borders Total 9 2 Nest destruction April Peregrine - 1 nest Borders May Buzzard 1 nest - Highland Goshawk - 1 nest Borders Peregrine - 3 nests Strathclyde 1 nest Peregrine - (chicks) Borders June Hen harrier - 1 nest Strathclyde July Hen harrier 1 nest (chicks) - Powys Total 2 8 Probable The evidence points to an illegal act as by far the most likely explanation but the proof of the offence is not categorical.? No bird found but the most likely/known target listed. 21

23 Appendix V Confirmed wildlife poisoning incidents (abuse) during 2004 Month Victim No. victims Poison County Bait January? Metaldehyde Norfolk Bread x 1 Red kite 1 Carbofuran Dumfries and Galloway - February Buzzard 2 Carbofuran Borders - March? Carbofuran Borders Pheasant x 5 Carrion crow 1 Alphachloralose Central - Goshawk 1 Carbofuran Borders Pheasant x 1 -? Carbofuran Tayside Rabbit x 1 -? Carbofuran Tayside Rabbit x 1 -? Carbofuran Tayside Rabbit x 1 -? Carbofuran Tayside Rabbit Buzzard 1 Carbofuran Tayside - Buzzard 1 Carbofuran Tayside - Buzzard 1 Carbofuran Tayside - Buzzard 5 Carbofuran Tayside Rabbit x 2 Carrion crow 1 Carbofuran Tayside - Buzzard 22 Carbofuran Borders Pheasant x 5 -? Carbofuran Tayside Rabbit x 1 Buzzard 1 Fenthion Dyfed - Magpie 1 Fenthion Dyfed - Raven 9 Fenthion Dyfed - April Buzzard 1 Carbofuran Borders - Fox 1 Strychnine Highland - Red kite 1 Alphachloralose Dumfries and Galloway - Peregrine 1 Alphachloralose Shropshire - Carrion crow 5 Magpie 2 Mevinphos/ Phosdrin Worcestershire - Mevinphos/ Phosdrin Worcestershire - May Buzzard 1 Carbofuran Highland - 22

24 Month Victim No. victims Poison County Bait -? Mevinphos/ Phosdrin South Yorkshire Egg x 2 Blackbird 1 Triazophos Wiltshire - Jackdaw 15 Triazophos Wiltshire - Rook 15 Triazophos Wiltshire - June Buzzard 1 Carbofuran Strathclyde Rabbit x 4 Carrion crow 1 Carbofuran Strathclyde - Buzzard 1 Methomyl Somerset - July Carrion crow 1 Carbofuran Grampian - Peregrine 2 Carbofuran Grampian Pigeon x 1 -? Carbofuran Strathclyde Rabbit x 1 -? Carbofuran Strathclyde Rabbit x 1 August Buzzard 2 Carbofuran Shropshire - Buzzard 1 Carbofuran Highland - Buzzard 1 Carbofuran Cornwall Pheasant x 1 September Buzzard 1 Carbofuran Borders - Buzzard 1 Carbofuran Cornwall - Buzzard 1 Carbofuran Dumfries and Galloway Hare x 1 Buzzard 1 Carbofuran Strathclyde Pigeon x 2 Red kite 1 Carbofuran Northumberland Rabbit x 1 November Peregrine 1 Alphachloralose Borders - Red kite 1 Carbofuran Highland - December Buzzard 1 Carbofuran Highland Items grouped in greyscale refer to one incident involving more than one species. 23

25 Appendix VI Schedule 1 nest robberies during 2004 Confirmed Species No. of nests Nest content County Barn owl** 1 Chicks Merseyside Barn owl** 1 Eggs Kent Black-tailed godwit* 1 Eggs Cambridgeshire Golden eagle** 1 Eggs Western Isles Little tern** 14 Eggs Norfolk Peregrine** 1 Chicks West Yorkshire Peregrine** 1 Chicks Cumbria Peregrine** 2 Eggs Cumbria Red kite** 2 Eggs Powys Woodpigeon 1 Eggs Leicestershire Probable 25 Species No. of nests Nest content County Avocet 1 Eggs Norfolk Cetti's warbler 1 Eggs Warwickshire Chough** 3 Eggs Western Isles Golden eagle** 1 Eggs Central Golden eagle** 1 Eggs Tayside Little ringed plover 1 Eggs Durham Merlin** 1 Eggs Lancashire Peregrine** 1 Chicks Lancashire Peregrine** 1 Chicks Powys Peregrine** 1 Chicks Northumberland Peregrine** 1 Eggs Borders Peregrine** 1 Eggs Cumbria Peregrine** 1 Unknown Fife Peregrine** 1 Unknown Cumbria 16 * Red-listed species of high conservation concern ** Amber-listed species of medium conservation concern From Gregory RD, Wilkinson NI, Noble DG, Robinson JA, Brown AF, Hughes J, Procter DA, Gibbons DW and Galbraith CA (2002) The population status of birds in the United Kingdom, Channel Islands and Isle of Man: an analysis of conservation concern British Birds 95: 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. 24

26 Appendix VII Bird related prosecutions in 2004 Date Act Section Charges Prosecutor Court Surname Plea Ocm Penalty type 07/01/04 Firearms Act (2) 1 CPS Swindon 07/01/04 Wildlife and 12/01/04 Wildlife and 12/01/04 Wildlife and 19/01/04 Wildlife and 19/01/04 Wildlife and 1(1)(A) 2 CPS Swindon 1(2)(A) 1 CPS Luton 18(2) 1 CPS Luton 1(1)(A) 1 CPS Llandudno 1(2)(A) 1 CPS Llandudno 28/01/04 Firearms Act CPS Loughborough 28/01/04 Wildlife and 29/01/04 Wildlife and 18(1) 1 CPS Loughborough 1(1)(A) 12 CPS Buxton Total penalty Details Penrose G G Jail 2 months Trespassing with firearm on land Penrose G G NSP Killing and injuring wild birds - mute swans Whitney G G Con Dis 6 months Possessing a wild bird goldfinch Whitney NG NG Possession of finch-trapping equipment Watson G G Fine 200 Killing a wild bird sparrowhawk Watson G G NSP Possessing a dead wild bird sparrowhawk Tune G G Fine 400 Having loaded air weapon in public place Tune G G Fine 350 Attempting to kill a wild bird mallard Cripps NG D Killing wild birds 2 ravens, 1 goshawk, 1 sparrowhawk and 8 peregrines 25

27 Date Act Section Charges Prosecutor Court Surname Plea Ocm Penalty type 29/01/04 Wildlife and 29/01/04 Wildlife and 29/01/04 Wildlife and 29/01/04 Wildlife and 29/01/04 Wildlife and 29/01/04 Wildlife and 04/02/04 Control of Trade in Endangered Species (Enforcement) Reg. 1985/ /02/04 Control of Trade in Endangered Species (Enforcement) Reg (1)(C) 1 CPS Buxton 1(2)(B) 2 CPS Buxton 18(2) 1 CPS Buxton 18(2) 1 CPS Buxton 1(1)(B) 1 CPS Buxton 1(5)(A) 1 CPS Buxton 3(1) 1 CPS New Forest 8(1) 5 CPS New Forest Total penalty Cripps NG G Jail 3 months, suspended for 2 years Details Destroying eggs of wild bird goshawk Cripps NG D Possessing eggs of wild birds: 170 of various species and 1 of a Schedule 1 species (little tern). Cripps NG D Possession of egg-collecting equipment wooden drawer and 2 boxes Cripps NG G NSP Possession of climbing spikes used to access goshawk nest Cripps NG D Destroying the nest of a wild bird goshawk Cripps NG G Jail 1 month Recklessly disturbing a suspended Schedule 1 wild bird at the for 2 years nest goshawk (concurrent) New Forest Owl Sanctuary New Forest Owl Sanctuary G G Ab Dis Display, sell, keep, offer or transport restricted specimens birds of prey G G Ab Dis Sale/purchase/offer/transport Annex A species tawny owl, marsh harrier etc 26

28 Date Act Section Charges Prosecutor Court Surname Plea Ocm Penalty type 04/02/04 Protection of Animals Act /02/04 Wildlife and 04/02/04 Wildlife and 04/02/04 Wildlife and 11/02/04 Wildlife and 23/02/04 Wildlife and 23/02/04 Wildlife and 1(1)(A) 2 CPS New Forest 1(2)(B) 1 CPS New Forest 18(1) 1 CPS New Forest 8(1) 1 CPS New Forest 1(1)(A) 1 CPS Exeter 5(1)(B) 1 CPS Shrewsbury 18(1) 1 CPS Shrewsbury 23/02/04 Food and 16(12)(A) 1 CPS Shrewsbury Environment Protection Act 1985 New Forest Owl Sanctuary New Forest Owl Sanctuary New Forest Owl Sanctuary New Forest Owl Sanctuary Total penalty Details G G Ab Dis Omitting to do act, resulting in animal suffering unnecessarily G G Ab Dis Possessing egg of wild bird songbirds G G Ab Dis Attempting to release a Schedule 9 animal into the wild barn owl G G Ab Dis Confining a bird in a cage where it cannot stretch its wings kestrel Barnett G G Jail 3.5 months Killing a wild bird mute swan Twist - D Using article to take a wild bird a raptor trap. Twist - D Attempting to take a goshawk Twist G G Fine 50 Contravening pesticides regulations 16/08/04 Food and 16(12)(A) 2 CPS Shrewsbury Environment Crown Court Protection Act 1985 Twist G G Fine 500 Contravening pesticides regulations 27