LEGAL EAGLE
THE RSPB’S INVESTIGATIONS NEWSLETTER
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Mark Hamblin (rspb-images.com)
OCTOBER 2006 No 50
W I LDLI F E C
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Golden eagle in flight
Golden eagles poisoned in Scotland
As Legal Eagle celebrates its 50th issue, the need for
effective enforcement to protect wildlife is starkly
illustrated as two magnificent golden eagles are
found dead due to illegal poisoning.
The RSPB is offering a reward for information leading to
the arrest and conviction of those responsible. A hill walker
found the first dead bird on 13 May at the Dinnet and
Kinnord Estate near Ballater. The second body was found
at the Glenfeshie Estate in the Cairngorms on 10 June.
Analysis by the Scottish Agricultural Science Agency
(SASA) showed that both birds were poisoned by the
banned pesticide carbofuran.
Dr Ken Hunter of SASA said the number of wildlife
poisoning incidents in Scotland this year was ‘relatively
high’. The chance discovery of these two eagles reflects
a much wider problem, as such crimes typically occur in
remote areas where the chances of finding victims are low.
Both birds died at a time of year when eagles have
dependent young, protected from predators by the female
who stays at the nest and relies on the male to bring food.
The death of a foraging bird would force its mate off the
nest to forage for herself, resulting in the death of the
chicks. Golden eagles do not breed until they are at least
five years old, and can live for more than 20 years. Each
pair raises one or two young per year, only a few
of which survive to adulthood. This low reproductive rate
makes the species especially vulnerable to persecution,
as the loss of each breeding adult has a proportionately
greater effect on breeding capacity.
A 2003 survey showed there are 430 breeding pairs of
golden eagles in Scotland. Recently published research
clearly indicates that ongoing illegal persecution, especially
poisoning, restricts the distribution and threatens the
survival of the species over large areas of eastern Scotland.
It may even cause the entire Scottish population to go into
long term decline.
Dave Dick, Senior Investigations Officer with the RSPB,
said: ‘I never use the phrase accidental poisoning because
there is no question of the bird picking it up by accident. It
is not just a few conservationists who get upset when
eagles get killed: golden eagles attract tourists and anybody
poisoning them is helping wreck the tourist economies of
these areas.’ A Scottish Executive spokeswoman said:
‘Wildlife crime is serious crime, particularly when it affects
such iconic species as the golden eagle.’
In this issue: Farmer pleads guilty to pesticide misuse • Gamekeeper fined
Disturbance, lies and videotape • Sand martin colony bulldozed • Jail for
orchid smuggler • Legal Eagle celebrates its 50th issue • News roundup
PROSECUTIONS
Egg collector sentenced in Northumberland
Following an investigation by Northumbria Police and
the RSPB, a Northumberland man has been convicted
of eight egg-collecting offences.
On 27 June 2006, Wayne Michael Derbyshire was sentenced
at Bedlington Magistrates’ Court for eight offences under
the Wildlife & Countryside Act 1981. Derbyshire, from East
Acres, Widdrington, Northumberland, had earlier pleaded
guilty to four charges of possessing 851 eggs, including
33 Schedule 1 eggs of the little ringed plover, stone-curlew,
red-throated diver, kingfisher and little tern, and three
charges of taking eggs. Following trial on 13 June, he was
also convicted of possessing items capable of being used
to commit these offences.
Andy Hay (rspb-images.com)
Kingfisher
For this, his first conviction, Derbyshire was sentenced to
280 hours’ unpaid work with a 12-month supervisory order
and £75 costs, and was ordered to forfeit both his collection
and his egg-collecting equipment.
Northumbria Police and the RSPB discovered the eggs and
other items at Derbyshire’s home and another property
during a search in August 2005, and the RSPB assisted with
identification of the eggs, examination of exhibits and the
subsequent interviews of Derbyshire. Throughout the
enquiry Derbyshire contested the use of certain items for
egg collecting, namely binoculars, maps, books, a metal
spike, climbing equipment, a camera, photographs and an
egg-blowing kit. However, the court stated that his evidence
was contradictory and implausible, and that they did not
believe his claim that the climbing equipment was for
winter recreation. He was found guilty with respect to all
items except some of the books.
Northumbria Police have made an application for an
Anti-Social Behaviour Order, to be heard in October, to try
to curtail Derbyshire’s movements during the breeding
season. It is believed that this is the first time this approach
has been considered in relation to wildlife crime.
Although the RSPB believes egg collecting is on the decline,
this case highlights the need for continued vigilance. The
RSPB would like to thank WCO PC Andy Swinburne for his
commitment throughout the case and CPS Prosecutor
Jonathan Moore.
Farmer pleads guilty to pesticide misuse
On 11 July 2006, farmer Rosalyn
Vincent of Wramplingham, Norfolk,
pleaded guilty at Swaffham
Magistrates’ to failing to provide her
gamekeeper with training in the proper
use of pesticides in accordance with
the Food and Environment Protection
Act 1985. She was fined £2,000 and
£400 costs and had two further
offences of permitting the unlawful use
of a pesticide taken into consideration.
In late 2004 and early 2005, two dead
buzzards were found in a wood on a
farm in Carbrooke, near Watton,
Norfolk. Analysis confirmed that their
bodies contained a high concentration
of the rodenticide difenacoum and that
the deaths were due to misuse rather
than deliberate abuse of a pesticide.
Animals scavenging the bodies of
poisoned rodents are vulnerable to the
effects of rodenticides and this case
emphasises the need for thorough
searches for carcasses after poison baits
have been used. Incidents involving the
secondary poisoning of wildlife have
been of increasing concern in recent
years, particularly with respect to birds
of prey, such as buzzards and red kites.
Enquiries by Defra and Norfolk Police
established that an elderly local
gamekeeper was using two products
containing difenacoum to control rats
around a pheasant feeding area close
to where the buzzards were found.
Though the bait stations had been
properly set up, the gamekeeper had
failed to search for and dispose of the
rat bodies, in compliance with one of
the statutory conditions for these
rodenticides. He was later cautioned
regarding this matter, and Vincent, the
gamekeeper’s employer and manager,
was later interviewed and reported for
related matters.
Rosalyn Vincent is believed to be the
first person to be prosecuted for
the misuse of rodenticides that are
suspected to have caused wildlife
poisoning. Hopefully it will encourage
users and employers to ensure safe
and careful use of these products.
The RSPB would like to acknowledge
the efforts of Ed Blane of Defra, Alan
Roberts formerly with the Norfolk
Police and Nick Crampton of the CPS
in relation to this enquiry.
Training in the proper use and storage
of pesticides is essential
RDS
A farmer has been fined after
her gamekeeper used a rat poison
that is suspected to have killed
two buzzards.
Gamekeeper
fined £350 for
poisoning
A gamekeeper has been convicted of poisoning
a raven and a common gull on an Aberdeenshire
grouse moor in May 2006.
Hector McNeil, 56, admitted placing common gulls’ eggs
laced with the pesticide aldicarb alongside a hilltop track
on Glenbuchat Estate, Strathdon, where they killed at least
two birds before being discovered. Council rangers out on
the moor carrying out a risk assessment for the route of
a public walk came across a dead common gull, a dead
raven, and finally a poisoned egg, in which their dog had
taken an interest. The dog was taken to a vet as a
precaution, and had fortunately suffered no ill effects.
George Cairns (istockphoto.com)
Following the confirmation of aldicarb in the dead birds and
bait, SEERAD (Scottish Executive Environment and Rural
Affairs Department) and Grampian Police carried out a search
of the estate and outbuildings. Mr McNeil was found to have
three unlabelled jars of aldicarb in his vehicle and garage, and
118 common gulls’ eggs, which he said he had taken from a
colony on the estate. Stored with the eggs was a bag of
yellow cooking fat, which Mr McNeil said he had used to pick
up the granular aldicarb and place it in the egg baits. Four
unfinished containers of the pesticide Cymag were also found.
The RSPB Investigations team assisted with the search of the
estate, and the remains of another egg bait were recovered.
On 29 June 2006 at Aberdeen Sheriff Court, Mr McNeil
pleaded guilty to three charges under the Wildlife &
Countryside Act 1981 (WCA). On 12 July, he was fined
£350 for intentionally killing a raven and a common gull
using eggs poisoned with aldicarb and £400 for the
possession of 118 common gull eggs, which he said he
planned to eat and feed to his dog. He also received a £100
fine for the possession of Cymag, a prescribed pesticide
under section 15A of the WCA since its amendment by the
Nature Conservation (Scotland) Act 2004 and the
Possession of Pesticides (Scotland) Order 2005. However,
a WCA section 18(2) charge of possession for use of the
three jars of aldicarb was dropped, allowing the defence to
argue that the poisoning of the raven and gull was an
isolated incident.
Research has shown that the incidence of poisoning is
strongly associated with grouse moors, as was the case
here. Given the impact of poisoning on rare wildlife and the
threat that such pesticides present to anyone coming into
contact with them, the RSPB is concerned that a fine of
£350 for laying aldicarb baits fails to reflect the seriousness
of the offence and is unlikely to deter others from abusing
poisons in this way.
The RSPB would like to congratulate PC Dave MacKinnon,
the new full-time Grampian WCO, on a second significant
prosecution completed in only a few months.
Continuing persecution means ravens
struggle to breed in Grampian, with
only two pairs currently confirmed
Disturbance, lies and videotape
A falconer has been fined £500
and ordered to pay £500 costs
after the RSPB filmed him
disturbing nesting peregrines
in Nottinghamshire.
The investigation began following the
suspicious disappearance of a juvenile
peregrine from a quarry. The RSPB’s
Investigations team was called upon
to keep watch on the nest and its
remaining chick. On 15 June 2005,
Officers from Nottinghamshire Police
executed a warrant at his home
address on 29 June 2005. Lewis was
arrested and during interview admitted
visiting the site but denied disturbance.
More interestingly, Lewis also admitted
visiting the other quarry after it was
found documented on a calendar at
his home.
Peter Cairns (rspb-images.com)
Peregine
Coincidentally, at another peregrine
breeding site in the county, quarry
workers witnessed another man
allegedly disturbing peregrines in
similar circumstances. Enquiries at this
location identified a suspect named
Stephen Lewis, of Salmon Lane,
Annersley Woodhouse – a Schedule 4
keeper of captive peregrines.
Caught on camera: Groves (right)
and the unidentified suspect
Mark Thomas (RSPB)
After a 10-day trial, concluding on
7 July 2006, at Mansfield Magistrates’
Court, Martin Groves of Leas Road,
Mansfield Woodhouse, was found
guilty on two charges of disturbance
and one of being equipped to commit
a disturbance offence. The Home Office
recalled Groves to prison as he was out
on licence for another matter. Three
other men were cleared of all charges.
the first morning of the operation, two
men were filmed visiting the nest site
and disturbing the adult birds.
Subsequent enquiries resulted in the
arrest of two further falconers: Lee
Butler, of Hazel Crescent, Shirebrook,
and Martin Groves. Groves admitted
that he appeared on the RSPB’s video
taken at the first quarry, but would not
name his accomplice. A video camera
and short clip of footage seized from
his house indicated that he had visited
the quarry and disturbed the peregrines
on at least one other occasion in 2005
prior to the RSPB operation.
Finally, after a police identification
parade, another falconer – John
Cooper, of Langham Place, Mansfield –
was identified as the second man
filmed with Groves and was arrested.
Cooper admitted being a close friend
of Groves and that he knew of
peregrines at the quarry.
All four men were charged with various
disturbance offences in relation to
peregrines in Nottinghamshire during
2005, but only Groves was convicted.
The other defendants were found not
guilty, despite District Judge Morris
Cooper suggesting Lewis and Butler
had lied and had probably disturbed
the birds. In the case of John Cooper,
the judge remarked on his remarkable
similarity to the man on the video, but
due to other evidence and an alibi from
his wife he was found not guilty.
Similarly, with regard to Lewis, who
was found hiding opposite the nest by
the quarry workers, the judge said he
could not be sure what exactly the
peregrines were dive-bombing, despite
evidence from two witnesses.
The RSPB would like to thank
Nottinghamshire Police Officers PC
Joanne Dickson and DC John Naylor,
Rod Chapman at Nottinghamshire CPS
and barrister Richard Singer.
Mark Thomas (RSPB)
Men found guilty
of intentional nest
destruction
Two men have each been given a 12-month
conditional discharge and ordered to pay £364 costs
for intentionally destroying a song thrush’s nest.
While driving through Willington, Bedfordshire, on 16 April
2005, RSPB Investigations Officer Mark Thomas noticed a
JCB clearing a large amount of scrub on an area of waste
ground that was likely to harbour nesting birds.
On noticing Mr Thomas, the JCB driver – Peter Spicer, of
The Barns, Little Barford, Bedford – stopped work on a large
bramble patch near to the public road and continued
uprooting trees at the rear of the 35-acre site. Mr Thomas
noted that a pair of song thrushes was feeding nestlings in
a nest within the remaining part of the bramble patch.
Bedfordshire Police were called and both the digger driver
and the landowner, Tony Kirton, of Brandon Lane, Coventry,
were advised of the law relating to nesting birds. The song
thrush nest was pointed out to the digger driver and he was
instructed to only clear scrub that he could see did not
contain birds’ nests.
On returning to the site the next day, Mr Thomas was
dismayed to see that the entire bramble patch had been
cleared and the nest destroyed. A witness testified that the
digger driver had returned to the area and removed the
bramble only three hours after being spoken to by the
The digger driver destroyed the nest
just hours after speaking with police
police. Spicer and Kirton were both charged with
intentionally destroying the nest.
A two-day trial took place at Bedford Magistrates’ Court on
10–11 July 2006. The defence claimed that the police had
not been specific about any nests, and that the bushes were
being cleared to enable treatment of ragwort – a noxious
weed that was growing on the site. The court heard
evidence from nest expert Humphrey Crick, of the British
Trust for Ornithology, and was told that Bedfordshire County
Council had recently twice refused planning permission for
the land partly because of its value to wildlife.
The RSPB wishes to thank all the witnesses and barrister
Richard Singer for their efforts.
Barry Hughes (rspb-images.com)
Sand martin colony
bulldozed
A Perthshire quarry owner who admitted destroying
an active sand martin colony has been fined £400.
At Perth Sheriff Court, Andrew Jackson, 59, pleaded guilty to
intentionally or recklessly taking, damaging or destroying an
unspecified number of sand martin nests at Orchil Quarry,
Braco between 9 and 12 August 2005. The court was told
that Jackson had been warned by birdwatchers that the face
should be left standing until September, so that the birds
could fledge. Of the 300 nests in the colony, a witness said
that up to 10 were still active on 4 August. Mr Jackson’s
lawyer said that Jackson had thought that the birds had
finished breeding by the time he flattened the area.
Jackson told the court that now the quarrying contract had
been completed, he planned to restore it to agricultural
land. However, the RSPB has learnt that the site has been
earmarked for a housing development.
Sand martins
The RSPB would like to thank Alan Stewart, Wildlife Crime
Co-ordinator with Tayside Police, for the hard work he
invested in this case.
Jail for orchid smuggler
In January 2006, Dr Sian Tiong
Lim, a pharmaceutical researcher
from Putney, London, was
sentenced to four months’
imprisonment after pleading
guilty to 13 charges relating to
the illegal importation of rare
orchids. Guy Clarke, of HMRC
(HM Revenue & Customs), reports:
‘Customs Officers at Heathrow Airport
stopped Dr Lim in May 2004 and found
a large number of live orchid plants
from Malaysia in his luggage. Due to
the delicate nature of the plants and
the need for specialist advice, the
plants were transferred to the Royal
Botanic Gardens at Kew and
individually identified. 126 of the
plants were found to be of species
in Appendix I of the Convention on
International Trade in Endangered
Species of Wild Flora and Fauna
(CITES) and Annex A of the EU Wildlife
Paphiopedilum
sanderianum
Regulations, including the Asian
slipper orchids Paphiopedilum
rothschildianum, P. sanderianum and
P. gigantifolium. None were covered
by appropriate CITES permits.
‘A case file was prepared for the
Revenue and Customs Prosecution
Office (RCPO), and proceedings
against Dr Lim began. Although
Lim denied importing the orchids
for financial gain, the Crown
demonstrated the commercial nature
of the importation. A four-month
prison sentence was imposed for each
of 11 charges relating to Appendix I
specimens and a further three months
for two charges relating to specimens
of species in Annex B of the EU
Wildlife Regulations also found in
Lim’s luggage. The sentences were
to be served concurrently.
Sabina Michnowicz, Royal Botanic Gardens
‘This was the first prosecution for
illegally imported plants for some
18 years and would not have been
possible without the dedication of
the Case Officer Ann Ainslie from the
HMRC CITES Team at Heathrow.
She is grateful for the support she
received from the RCPO, Roy Pitt at
Defra and the staff at Kew Gardens
who identified and tirelessly cared
for the plants and provided the
expert witnesses and necessary
scientific support to Ann. It is hoped
that some of the plants will be
returned to Malaysia.’
Taxidermy dealer fined for CITES offences
A Burnley taxidermy dealer has
been fined £2,000 for buying and
offering for sale a variety of
stuffed birds and other animals
protected by CITES.
Alec Cunningham of Plumbe Street,
Burnley, pleaded guilty to five charges
under the Control of Trade in
Endangered Species (enforcement)
regulations (COTES) 1997 at Burnley
Magistrates’ Court on 26 April 2006.
In August 2005, Lancashire Police
WCO Duncan Thomas, assisted by
RSPB officers, searched Cunningham’s
secondhand shop and seized three
snowy owls, two kestrels, a Eurasian
otter and a West African dwarf
crocodile, as well as a small collection
of wild bird eggs. Price tags attached
to two snowy owls, two kestrels and
the crocodile indicated that they were
being offered for sale without Article
10 certificates.
The otter and another snowy owl had
also been purchased without the
required CITES documents. Kim
MacDonald of the Guild of
Taxidermists examined the stuffed
specimens and provided valuable
evidence concerning their age. The
West African dwarf crocodile is a
poorly known species that is listed as
‘Vulnerable’ on the IUCN Red Data list
of threatened reptiles, and is listed on
Appendix I of CITES.
Following examination by the RSPB,
32 of the seized eggs were identified as
those of ‘wild birds’ protected by the
Wildlife & Countryside Act 1981,
including the Schedule 1 species little
tern, chough and redwing. In addition
to the COTES offences, Cunningham
also pleaded guilty to possession of the
eggs and was fined a further £200. All
the seized items were forfeited.
50TH ISSUE
Legal Eagle celebrates 50th issue
conjunction with Defra registration
records, use of this technology led to
the conviction of 16 people that
otherwise would not have been
possible. DNA testing has a clear
deterrent effect and the RSPB hopes
the technique will be extended to other
species in the future.
Guy Shorrock (RSPB)
With a circulation of over 2,300
copies, Legal Eagle has become
the most regular source of
information on wildlife crime for
Wildlife Crime Officers (WCOs)
and many others. Here, the RSPB
reviews the key events reported
by Legal Eagle since it first rolled
off the press in July 1993.
Winter 1993
First issue, Summer 1993
The four black-and-white pages of the
first issue of Legal Eagle featured a
youthful PC Phil Cannings on its front
cover with a poisoned red kite. Phil, still
a WCO, has progressed to the rank of
Inspector, but for red kites, the news is
more mixed. Following re-introduction
projects, the population has expanded
dramatically to around 1,000 pairs, but
illegal poisoning remains a serious
problem – there have been at least 81
further victims, although the actual
figure is likely to be far higher.
Poisoning continues to have a serious
impact, particularly in Scotland, on the
ability of the population to expand.
This first issue also reported the first
wildlife conviction using DNA profiling.
In this case – the last private
prosecution taken by the RSPB – a
Merseyside falconer was fined just
£100 for laundering four wild goshawk
chicks as captive-bred. From then on,
DNA testing has been firmly on the
scene and featured in several high
profile cases during the 1990s. In
An English Nature hen harrier survey
reported only 16 breeding attempts in
England. Some 13 years on, the
population of this heavily persecuted
species remains at the same perilously
low level.
Spring 1994
Terry Rands, the Assistant Chief
Constable of Essex Police, retired in
this year. He was instrumental in the
establishment of the WLO network (now
WCO) in the mid 1980s. His role as lead
officer on wildlife issues was filled by
Mike Taylor, DAC of the Metropolitan
Police, and Mick Brewer, DCC of
Warwickshire Police, who guided the
WCO network and PAW for over seven
years before handing over to Richard
Brunstrom, the CC of North Wales.
Peregrine chick seized for DNA testing
Autumn 1995
A complex enquiry by Northumbria
Police and the RSPB into the
laundering of over 20 peregrines (see
above) resulted in an 18-month
custodial sentence – a landmark
COTES conviction. A subsequent failed
appeal also provided a valuable High
Court ruling on COTES.
Summer 1994
WLO Conference 1995
In the face of strong objections from
enforcement and conservation bodies,
the DoE (Department of the
Environment) decided to remove the
requirement to register certain birds.
Today, despite the obvious deterrent
and enforcement value of registration,
DoE’s successor Defra continues to
consult on its merits and we await the
outcome of another consultation that
started in 2002.
This special (unnumbered) issue of
Legal Eagle was produced for the
national WLO conference hosted by
Cheshire Police. Andy Jones left for
pastures new after 10 years in the
RSPB Investigations unit, five of them
as Head of Investigations, during which
time he was instrumental in helping to
develop the WLO network and the
Eurogroup against Bird Crime (EABC).
Spring 1996
Winter 1994
Operation Avocet – a Wiltshire Police
and RSPB enquiry into members of the
secretive Jourdain Society – resulted in
six convictions for egg collecting and
disturbance offences and the removal
of charitable status from the society.
Summer 1995
Covert RSPB video footage was used
for the first time – to convict a
gamekeeper in Dorset who was
filmed setting a pole-trap. The RSPB
has continued to use this method
and it has contributed to the
conviction of over a dozen
individuals for raptor persecution.
The Partnership for Action against
Wildlife Crime (PAW) was launched.
Less positive news was the calls from
the Scottish Landowners’ Federation
for the licensed killing of raptors. The
UK Raptor Working Group, including
representatives from government,
conservation, shooting and other
organisations, started a lengthy
project that culminated in a detailed
report in 2000. This firmly rejected the
option of licensed killing, promoted
more monitoring and research and
called for more enforcement against
those involved in raptor persecution.
Unfortunately, there has been little
progress in this area to date and it is
Mallorca (see right) and trying to
launder them as captive-bred. Six of the
birds were later returned to Mallorca.
Guy Shorrock (RSPB)
hoped the National Wildlife Crime
Unit will bring a more proactive and
structured approach to this serious
conservation problem.
Autumn 1997
Summer 1996
A dealer in animal parts was convicted
after information was passed by the
RSPB to HM Customs and Revenue
(HMCR). The dealer received 18
months’ imprisonment for smuggling
a number of CITES-listed specimens,
including a skull of the critically
endangered Philippine eagle.
Autumn 1996
Another major CITES case was
reported after an undercover RSPCA
operation enabled the police to seize
125 rhino horns valued at £2.8 million.
Four people were later convicted under
COTES, two receiving jail sentences.
Summer 1997
A lengthy investigation by Bedfordshire
Police and the RSPB resulted in an
eight-month prison sentence for a
falconer – ironically living in Sandy,
home of the RSPB’s headquarters – for
smuggling Eleonora’s falcons from
Two record fines were reported, one of
£14,000 for the poisoning of a red kite
and the other a staggering £90,000,
handed down to two brothers from
Hampshire who were seen collecting
eggs by RSPB wardens in Orkney,
Scotland. The fine was reduced on
appeal and the judges strongly
criticised the lack of sentencing options.
Winter 1997
Legal Eagle gained its characteristic
blue strap line and increased in length.
The National WCO Conference, run for
eight years by the RSPB, was handed
over to police and Defra, a change
marked by the first award of Wildlife
Enforcer of the Year to an officer – Sgt
Ian Guildford from South Wales Police.
Eleonora’s falcon seized in Sandy, 1995
Summer 1998
A long-running saga began when a
parrot keeper smuggled critically
endangered Lear’s macaws into the
UK. He was eventually convicted in
2000 by HMCR and jailed.
Spring 1998
Autumn 1998
Suffolk Police secured the first
conviction under the Habitats
Regulations 1994, following a case
involving great crested newts.
Chris Gomersall (rspb-images.com)
The National WCO training course,
set up by Warwickshire Police, was
piloted. This has continued to the
present day and allows WCOs to
receive excellent training from a range
of organisations.
Winter 1998
The first badger prosecution using DNA
evidence was brought by the RSPCA.
The late Donald Dewar, Secretary of
State for Scotland, branded the
persecution of raptors a ‘national
disgrace’ following a damning report by
the Scottish Raptor Study Groups.
Spring 1999
The first COTES conviction in Scotland
followed an undercover sting by the
Highland Police of a Dutchman
attempting to deal in wild peregrines.
Summer 1999
Two men were caught and
subsequently fined for trying to raid a
white-tailed eagle nest on Mull. This
highlighted the value of Operation
Easter, an intelligence-gathering
initiative launched by the Tayside
Police in 1997.
Autumn 1999
White-tailed eagle
A prolific collector was convicted for
taking eggs of a range of Schedule 1
species, despite no eggs being
recovered. This followed extensive
work on his records by the RSPB,
supported by information from
Operation Easter. The first Wildlife
Crime stand appeared at the national
British Birdwatching Fair and a
number of similar initiatives have
continued around the country.
Summer 2000
The Metropolitan Police secured the
first UK conviction for trading in
shahtoosh shawls. Following excellent
work by Norfolk Police and the CPS, a
gamekeeper was convicted for wildlife
poisoning offences, and the case
started to explore the responsibilities
of managers and employers over the
improper use of pesticides on sporting
estates.
Winter 2001
Spring 2005
A prolific egg collector received the
first custodial sentence awarded under
the WCA following a determined
investigation by Northumbria Police and
the RSPB. Since this landmark, a further
eight egg collectors have received jail
sentences and, encouragingly, collecting
appears to be on the decline.
The attitude of the courts to raptor
persecution was emphasised when a
gamekeeper lost his appeal against
a three-month suspended sentence for
destroying the contents of a goshawk
nest in Derbyshire. This was the first
time such a sentence had been
awarded for raptor persecution.
Spring 2002
Summer 2005
The longest prison sentence for a
wildlife case – six-and-a-half years –
was awarded after a 13-week trial.
This followed a long investigation by
Norfolk Police and HMCR into the
smuggling of CITES specimens from
Thailand and COTES offences.
Two more gamekeepers were under the
spotlight, having been fined £5,000
after the RSPB filmed them clubbing a
buzzard to death. We also saw the
departure of Graham Elliott as RSPB
Head of Investigations after nine years
at the helm, to be replaced by Ian West.
Summer 2003
CC Richard Brunstrom (right)
and PC Henery at the launch
of Operation Artemis
Guy Shorrock (RSPB)
Winter 2000
The long-awaited amendments to the
WCA in England and Wales were finally
introduced through the Countryside
& Rights of Way Act 2000 (CRoW),
including wider sentencing options and
improved enforcement powers. This
issue also reported on the RSPB’s
involvement in investigating the
wide-scale illegal trapping of migrant
birds on Cyprus, with some graphic
covert video featuring on BBC
Countryfile. This galvanised the
authorities into action and there has
since been a huge reduction in
trapping, saving millions of birds.
Spring 2001
The efforts of the RSPB during
a prolonged and arduous covert
operation were rewarded by the first
conviction of a gamekeeper for killing a
hen harrier. The evidence – a video of
the incident (see below) – was passed
to Grampian Police and the keeper was
subsequently fined £2,000. Despite the
success of this and another case in
2006, persecution of harriers and other
raptors remains a persistent problem.
Improved legislation in Scotland under
the Criminal Justice (Scotland) Act
2003 was announced; there were to be
further improvements in October 2004
under the Nature Conservation
(Scotland) Act 2004.
Spring 2004
Adrian Douglas (RSPB)
Caught on camera: the convicted
gamekeeper carrying the hen harrier
he had just shot
Operation Artemis (see above) was
launched to tackle hen harrier
persecution, following moves by police
and government to target enforcement
work towards conservation priorities.
Bats, trade and SSSI damage were
also put forward as new priorities.
Winter 2004
A gamekeeper in Scotland was
prosecuted for the poisoning of
16 buzzards and a goshawk, following
an enquiry by Lothian and Borders
Police and the RSPB, resulting in a
heavy fine of £5,500.
Autumn 2005
Increased penalties and powers of arrest
for COTES offences finally arrived.
That brings us to the present
day. Despite improvements to
legislation and the development
of PAW and the WCO network,
the RSPB firmly believes that
improved enforcement is the key
to reducing wildlife crime and
that much more needs to be done.
The RSPB is grateful for the help
and assistance of all those we
have worked with over the last
13 years. It will be interesting to
see what lies ahead over the next
50 issues of Legal Eagle.
Many happy returns
to Legal Eagle
Some of our readers send
congratulatory messages on
our 50th issue:
Sincere congratulations to the RSPB
Investigations Unit for establishing their
Legal Eagle newsletter in the first place.
But equally importantly, for maintaining
and enhancing it along the way to its 50th
issue. Over the last decade or so, Legal
Eagle has played a valuable role in
reporting on wildlife enforcement cases
and highlighting key issues. In addition,
it has been an extremely effective way
of highlighting the often unseen and
frequently under-recognised contributions
made by police and customs officers in
investigating wildlife crime cases, often
in highly challenging circumstances. I am
pleased to report that I have read every
issue from cover to cover, have enjoyed
them all and have learnt a great deal too.
Thanks to various editors and contributors
– I’m looking forward to the next 50!
Nick P. Williams, Chief Wildlife Inspector,
Defra Wildlife Species Conservation
Division
Congratulations on turning 50. You have
been a good inspiration for my colleagues
and I in Norway. We look forward to
reading the next 50.
Terje Axelsen, WLO, Norwegian Police
Legal Eagle is without doubt one of the
best publications for raising awareness
and outlining the work done by
organisations involved in enforcing wildlife
legislation. It is good that it covers other
issues such as bat crime and habitat
damage on occasion. It is nice to know that
the public can have access to it as well. For
PWCOs it is without doubt the main way of
finding out what other PWCOs have been
doing. Keep up the good work!
PC Nige Lound, WCO, Lincolnshire Police
5
I wish to congratulate Legal Eagle on
reaching its 50th issue. The magazine
is an invaluable source of up-to-date
information on bird crime related issues,
read avidly by all in the business. The fact
that the magazine has grown in size since
its launch has mirrored the continued
successes in wildlife crime enforcements,
something in which all concerned should be
extremely proud. Keep up the good work!
Richard Brunstrom, Chief Constable,
North Wales Police and ACPO Lead Officer
on wildlife and environmental crime
Many congratulations to Legal Eagle
on reaching 50. Your publication is an
excellent information medium not only
for law enforcement agencies but for
like-minded organisations and individuals
too. The fact that it is now a quarterly
magazine is testament to the consistently
high standard of material contained therein.
I would like to take this opportunity to wish
you continued success for the future.
Paddy Tomkins, Chief Constable, Lothian
and Borders Police and ACPO(S) Lead
Officer on wildlife crime
Congratulations to all involved in
contributing to and publishing Legal Eagle
up to this, the 50th issue. So much has
been achieved but there is so much still to
be done. So, as they say here in Norfolk –
‘keep a troshing’. On a personal note,
since retirement over 12 years ago, Legal
Eagle has kept me informed about the
enforcement of wildlife crime, which has
been much appreciated.
Terry Rands, Former Assistant Chief
Constable, Essex Police and originator of
the concept of the Police Wildlife Liaison
Officer.
Many magazines fold relatively quickly
after a publicity-fuelled launch, but Legal
Eagle has done the reverse, growing ever
stronger from a relatively modest start.
I know that in my six years as co-chair
of the UK’s PAW initiative I found it an
invaluable source of reference about what
was really going on in terms of bird crime
enforcement. Sincere congratulations on
reaching such a significant milestone.
Martin Brasher, Head of Wildlife and
Habitats Division, Defra
Like me, Legal Eagle has seen extensive
developments in the wildlife law
enforcement community since the early
1990s. The newsletter has played an
important role in communicating news
of successes, and sometimes frustrations,
to that community. In its own way, it
provides a vital learning opportunity for
readers far and wide, even in Geneva!
Best wishes and congratulations on
reaching your half-century!
John Sellar, Anti-smuggling, Fraud and
Organised Crime Unit, CITES Secretariat,
Geneva
I have been a recipient of, and indeed
subject in, the RSPB’s Legal Eagle since it
started in 1993. It continues to provide me
with valuable information and in the early
days went a long way to help convince
senior officers that wildlife crime was out
there. Well done to all involved, as I know
the dedication needed to put together
such a regular publication. I look forward
to the next 50.
Chris Kerr, Head of Unit, UK National
Wildlife Crime Unit
Well done and congratulations on
producing a valuable and informative
publication for wildlife crime enforcers all
over the world. May Legal Eagle continue
to thrive for many more issues to come.
Guy Clarke and the HM Revenue &
Customs CITES Team, Heathrow Airport
The Legal Eagle bulletin is invaluable for
keeping abreast of bird crime trends,
cases and sentences throughout the UK.
I look forward to the next 50 issues!
Well done RSPB.
Alan Stewart, WCO, Tayside Police and
‘Operation Easter’ co-ordinator
The support that this newsletter gives to
the work of detecting and preventing
wildlife crime has been evident from the
first publication. It continues to provide
much needed information not only to
Wildlife Crime Officers but also to those
who are in a position to change legislation
to the benefit of wildlife. Can I congratulate
Legal Eagle and the staff working behind
the scenes on reaching the 50th issue and
I look forward to many more.
Bob Philpott, RSPB Council and former
Chief Inspector, Wiltshire Police
Congratulations on the 50th issue. I
was around from Issue No. 1 and I have
watched it improve issue by issue. Keep
up the good work.
Paul Beecroft, Hawk Board and former
WCO Thames Valley Police
Having been involved in the prevention
and detection of wildlife crime for over
10 years, Legal Eagle has always been
an invaluable source of information in
this area. I would like to congratulate the
RSPB on this splendid publication and
hope that it will continue to go from
strength to strength.
Sgt Ian Guildford, WCO, South Wales Police
Congratulations to all involved at the
RSPB in sustaining Legal Eagle through
to its 50th issue. Please be in no
doubt that Legal Eagle continues to offer
up-to-date and highly relevant information
and guidance to all involved in wildlife law
enforcement. Keep up the good work.
Mick Brewer, former Deputy Chief
Constable, Warwickshire Police
Congratulations on reaching the 50th
issue. 2,000 postings is in itself
impressive, but of course readership is
far in excess of that. It is a magazine that
swaps hands many times in a lot of our
police stations. I always look forward to
reading Legal Eagle, and like in particular
the way that it has evolved to cover a
broader range of wildlife crime reports
than those purely relating to birds. Well
done to all involved.
Sgt Pete Charleston, Wildlife and
Environmental Officer, North Wales Police
Congratulations on the 50th issue of Legal
Eagle. The information and articles are first
rate and we look forward to the centenary
party? One might say that Legal Eagle is
‘Fly by nature but not fly by night!’
Kim McDonald, The Guild of Taxidermists
Hearty congratulations to all the Legal Eagle
editors for the anniversary 50th volume
with thanks for their hard and very valuable
work – showing us in the central European
countries how to proceed with bird crime.
And for the Legal Eagle a long, long flight
and as few illegal eagles as possible!
Zdenek Vermouzek, Czech Society for
Ornithology
Legal Eagle is one of the main sources
of reliable information on wildlife crime
in the UK and elsewhere, whether on
offences, prosecutions, convictions or
enforcement initiatives. The RSPB is to
be congratulated on continuing to produce
this publication, which is a major aid to
all those involved in the effective
implementation of wildlife law in the UK.
Dr Vin Fleming, Head of International
Unit, Joint Nature Conservation
Committee
0
Congratulations to all at Legal Eagle on
reaching its 50th issue. It can only get
bigger and more successful. All the best
for the future. The white-tailed eagle is
nearing 50 (pairs) as well!
PC Finlay Christine, WCO, Isle of Mull and
Mull Eagle Watch
Legal Eagle is a very useful publication,
and the nearest we have to ‘wildlife crime
law reports’. As such, I have used the
contents in court, particularly as guidance
in sentencing, without any adverse
comment from defence solicitors.
Nick Crampton, Crown Prosecution
Service, Norfolk
Legal Eagle is invaluable in helping persons
enforcing wildlife legislation keep abreast
of current cases. This in turn facilitates the
exchange of information between partners
and thus promotes better enforcement,
thereby creating a virtuous circle.
Sgt Mark Barrett, WCO, Wiltshire Police
Dealing with wildlife issues is extremely
complex and we are learning every day.
We need the support of the NGOs and
other enforcement departments to deal
with the job effectively. Publications such
as Legal Eagle are a great tool to have for
assisting those involved in enforcement;
it keeps us up to date with other cases
around the country and internationally,
and contributes to effective wildlife crime
policing. From my own knowledge, this
magazine is read in North America and
Canada, and it was shown at a recent
conference in Canada as an example of
a useful tool to enable effective wildlife
enforcement. Here’s to another 50 issues.
PC Craig Fellowes, Environmental Crime
Officer, Warwickshire Police
I send you my best wishes on reaching
Legal Eagle number 50. It is so important
for our associations to be aware of bird
crime issues in Europe and other
continents. Congratulations on your good
job and go further!
Hugues Fanal, Director, Bird Protection
Belgium (LRBPO-KBVBV); Chairman,
Eurogroup Against Bird Crime (EABC)
Legal Eagle is always an interesting
source of information on illegal practises
in other countries. It is good to learn
about investigations and the ways to
bring illegal traffickers to court. Legal
Eagle should be copied by each country
and by BirdLife Europe. I would be happy
if the German BirdLife Partner had such
a strong and successful Investigations
section like the RSPB. Over the years,
the RSPB has helped me to detect many
cases in Germany. For example, a few
years ago, acting on intelligence provided
by the RSPB, two German falconers were
imprisoned for nest robbing and trading
in 100 ravens, 100 goshawks, 65 red kites,
25 black kites and 25 sparrowhawks.
Some of the confiscated red kites were
released in the UK. Thanks again.
Helmut Brücher, CITES-Sachverständiger,
Rohrbeck, Germany
PAW partner, Mull of Kintyre Seatours,
congratulates the achievement of a halfcentury by Legal Eagle – a must-read for
those of us involved in the commercial
sector of conservation.
Michael Taylor, former Deputy Assistant
Commissioner, Metropolitan Police
Congratulations on your 50th issue. It has
been good to see the flying mammals
included also – you have covered some
bat cases that have been very useful in
clarifying our understanding of some
legal terms. Legal Eagle is an excellent
publication – informative, interesting and
inspiring. As long as bird and wildlife
crime continues, may it go from strength
to strength.
Alison Rasey, Investigations Officer,
The Bat Conservation Trust
Legal Eagle provides those of us only
peripherally involved with the problem of
wildlife crime with a periodic insight into
its development and its significance for
conservation more widely. Keep it up!
Professor Jeremy Greenwood, Director,
British Trust for Ornithology
On behalf of the Devon and Cornwall
Constabulary, I would like to congratulate
the RSPB on the quality of the Legal Eagle
publication as it publishes its 50th issue.
The publication is a reference point for all
enforcers to learn from and it has proved
invaluable as a networking tool to link to
others who have dealt with or are dealing
with similar cases I have been involved
with. I have used the publication as a
reference point in the training of WCOs,
something that has been made easy by
the concise content and non-technical
and plain English used! It is great that with
the expansion of the WCO role and the
increasing variety of cases of wildlife crime
that enforcers deal with, the publication
has widened to include all types of cases
in its coverage. Congratulations and I look
forward to seeing the 100th issue!
Inspector Nevin Hunter, WCO, Devon and
Cornwall Police
In my former capacity as the country’s
most senior operational PWCO, I found
Legal Eagle invaluable in helping me to
keep abreast of developments in wildlife
crime. Its style and content both
informed and encouraged police officers
to become involved in their own wildlife
investigations, strengthened by the
knowledge that similar cases had resulted
in successful prosecutions. Best wishes
for the next 50 issues and beyond.
Steve Parnwell, Principal Consultant,
Greenwillows Associates Ecological
Services and former Chief
Superintendent, Cambridgeshire Police
This invaluable publication should be
required reading for anyone concerned
with wildlife law. It has served me well for
many years, both as a teaching aid and
research tool. It contains vital information
that is almost impossible to obtain
elsewhere and its quality is recognised by
the fact that it has been included in
references in articles in refereed journals.
Bridget Martin, Senior Lecturer in Law,
Lancashire Law School, University of
Central Lancashire.
NEWS
Egg thieves target Coquet
In June 2006, egg thieves raided
the nest of a pair of roseate terns –
the UK’s rarest breeding seabird –
on Coquet Island nature reserve,
just off the Northumberland coast.
Coquet Island is home to virtually the
entire UK breeding population of
roseate terns. In 2005, 91 pairs nested
on the island. On 10 June 2006, a
nestbox used by a pair of this red-listed
species was discovered overturned,
leading to the suspicion that a clutch of
freshly laid eggs had been stolen. An
unidentified boat was believed to have
landed illegally a few days previously,
Chris Gomersall (rspb-images.com)
Roseate tern
leaving behind a length of green rope
tied to a mooring ring directly below
where the terns nest.
Northumbria Police Wildlife Crime
Officers launched an immediate
investigation and worked with the
RSPB to protect the nesting sea birds
from further thefts. The force’s Marine
Unit Officers patrolled around the
island and the RSPB provided
photographs of boats seen. Eggs were
forensically marked and the RSPB
increased the number of wardens on
the island to provide 24-hour cover,
backed up by CCTV monitoring.
Roseate terns, and their nests and
eggs, are fully protected by UK
legislation. Anyone disturbing, killing,
injuring or taking the birds, their nests
or their eggs can face a fine of up to
£5,000 for each incident and face six
months in prison.
The RSPB is offering a reward of up
to £1,000 for any information leading
to the arrest and conviction of those
responsible.
Egg collector falls to his death
Buzzards shot in Hampshire
On 20 June 2006, members of the
public alerted nature reserve
warden Andrew Cleeve to the
presence of two dead raptors hung
with twine from a tree near the
Hampshire County Council study
centre at Bramley Frith Wood,
Tadley, Hampshire.
A joint RSPB and Hampshire Police
investigation revealed that the birds
were both buzzards and had been shot
very recently. X-ray analysis showed
that collectively the birds’ bodies
contained over 60 shotgun pellets.
The story was featured on regional
television with an appeal for
information by Hampshire Police WCO
PC Lee Coleshill, but so far we have
heard nothing. We believe that the
answer to progressing this enquiry
lies within the shooting community.
Lee Morgan
On 25 May 2006 Colin Watson fell to his death from a tree while apparently trying to check the contents of a sparrowhawk’s
nest. Watson was a notorious egg collector in the 1980s and early 1990s, taking multiple clutches of ospreys, choughs and
peregrines amongst others. He had seven convictions for collecting. A number of egg collectors and falconers have been
badly injured or killed over the years during raids on birds’ nests and this latest tragedy emphasises the extreme risk these
people are prepared to take.
One of two dead buzzards
found in Bramley Frith wood
The NERC bill becomes law
The Natural Environment and Rural Communities
(NERC) Act 2006 gained Royal Assent on 30 March
2006. The Act, which extends to England and Wales,
establishes Natural England as an entity, evolving
from English Nature, parts of the Countryside Agency,
and most of the Rural Development Service.
Some sections introduce new enforcement provisions into
the Wildlife & Countryside Act 1981 (WCA). A number of
the provisions came into force on 31 May 2006; others will
be commenced in due course.
suspect with reasonable cause that an offence under
Part 1 of the WCA has been or is being committed.
Powers to take other personnel or equipment have been
clarified. The existing powers of entry under warrant in
section 19(3) of the WCA have been extended to the
Destructive Imported Animals Act 1932, the Conservation
of Seals Act 1970, the Deer Act 1991 and the Protection of
Badgers Act 1992 (‘the other four Acts’).
to take samples. The Act has introduced
• Powers
definitions of ‘specimen’ and ‘sample’ and amended
powers of police and wildlife inspectors to take samples.
Enforcement provisions taking effect from 31
May 2006:
protection for nests of certain birds. The nests
• Extra
of certain wild birds are given extra protection. An
amendment to Section 1 WCA makes it an offence to
take, damage or destroy the nests of certain wild birds at
any time of the year. The birds concerned are currently
the golden eagle, white-tailed eagle and osprey (listed in
a new Schedule ZA1 to the WCA).
power of entry to premises. The Act defines
• Police
premises (which includes land) and allows the police to
enter any premises, other than a dwelling, where they
limits for bringing prosecutions. The Act increases
• Time
the time limits for summary offences under Part II of the
WCA and the other four Acts. Proceedings may now be
brought within six months of sufficient evidence to
warrant the proceedings coming to light, but within two
years of the commission of the alleged offence.
technical provisions relating to SSSIs. The Act
• Two
provides protection to SSSIs where there has been failure
to serve a notice on an owner or occupier as required
under various provisions, despite all reasonable steps to
do so having been taken. It also makes a technical change
to the power to denotify SSSIs.
Chris Gomersall (rspb-images.com)
Continued overleaf
Osprey
Wildlife Inspectors
Inspectors’ powers are set out in Schedule 5 of the Act,
which also introduces the concept of Group 1 and Group 2
offences (see full text of the Act for details).
Enforcement provisions taking effect from
October 2006
remaining measures relating to SSSIs. Specifically
• The
the Act creates two new offences. The first is a new
offence for certain authorities (broadly speaking, public
bodies and statutory undertakers) to permit the carrying
out of an operation that damages an SSSI without
following the various existing legislative requirements
or reasonable excuse. The second builds on the existing
third party offence in 28P(6) of intentional or reckless
destruction or damage to the listed features of an SSSI,
or disturbance of its listed fauna, without reasonable
excuse, but removes the requirement to prove knowledge
that the land affected is an SSSI. Accordingly, it carries a
lower penalty.
The Act also makes provision for Natural England and
the Countryside Council for Wales to erect, maintain and
remove signs/notices relating to and on SSSIs. The Act
makes it an offence to intentionally or recklessly, and
without reasonable excuse, take down, damage, destroy
or obscure those notices or signs.
of Schedule 4 birds. Anyone convicted of
• Keeping
possessing a Schedule 4 bird that has not been registered
and ringed or marked in accordance with current legislation
will be committing an offence if they possess any Schedule
4 bird within a period of five years after that conviction.
Peter Cairns (rspb-images.com)
Goshawk, a
Schedule 4 bird
protection for captive bred birds released as part
• Extra
of a re-introduction or re-population programme. A new
section 1(6) WCA extends the protection afforded to wild
birds under section 1 of the Act to birds that have been
bred in captivity and lawfully released into the wild as
part of a re-population or re-introduction programme. It
also extends the sale offences found in section 6 of the
1981 Act to such birds.
of certain non-native species. The Act makes it an
• Sale
offence to sell, offer or expose for sale, have in your
possession or transport for the purpose of sale certain
live non-native species that are banned by Order. These
species will be identified following a public consultation.
of Practice relating to non-native species. The
• Codes
Secretary of State may issue or approve codes of practice
relating to non-native species. Failure to comply with
such a code is not in itself an offence; however it may
be used as admissible evidence in any criminal or civil
proceedings and a court must take account of a failure
to comply with the code where it considers this relevant.
of certain pesticides. Section 43 makes it an
• Possession
offence to possess a pesticide containing a prescribed
ingredient unless it can be shown that possession was
for lawful use in accordance with relevant pesticide,
biocide or poisons legislation. Defra will consult on which
pesticides should be prescribed before they are listed on
an Order.
Where an inspector reasonably believes that an offence
has been committed under section 43, he may enter
premises, require a person to give information about a
substance or seize a substance found on the premises
if he thinks it may be banned under section 43.
of Practice. The Act gives the Secretary of State the
• Code
power in the future to issue a Code of Practice describing
the behaviour expected of inspectors whilst carrying out
their duties. The code may be used in court as evidence
if an inspector does not comply with it.
of Part I of the 1981 Act to the Crown. Part I
• Application
will apply to people in the service of the Crown, such as
civil servants, as it applies to any other person. Powers
of entry for enforcement purposes granted to police
constables and wildlife inspectors under sections 18X to
19XA of the 1981 Act will not apply to premises occupied
by the Crown. For example, there will be no rights of
entry for the purposes of enforcing the 1981 Act over land
occupied by the Ministry of Defence.
of the definition of ‘plant’. Schedule 11,
• Clarification
paragraph 97(3), clarifies for the avoidance of doubt that
the definition of ‘plants’ in the whole of the 1981 Act – as
far as it applies to England and Wales, and the territorial
waters adjacent to England and Wales – includes ‘fungi
and algae’.
[Adapted from the PAW Bulletin Special Edition June 2006 with kind
permission of Defra. This summary is intended to give guidance only. The
full text of the Act, together with Explanatory Notes, is available from the
Office of Public Sector Information (OPSI). An electronic version of both
documents can be accessed at: http://www.opsi.gov.uk/acts/acts2006.htm]
INTERNATIONAL
Carbofuran banned in the US
agricultural applications, to provide time to find effective
alternatives. This pesticide was banned in the UK in 2001
but is still used illegally to poison birds of prey (see cover
story). In the US – where until now carbofuran was widely
used to protect against crop pests – deaths due to
carbofuran poisoning have been recorded in more than
50 species of birds, including bald eagles, golden eagles,
waterfowl and migratory songbirds.
Jacom Stephens (istockphoto.com)
To the delight of conservation groups, the United States
Environmental Protection Agency (EPA) has announced
that it is to cancel all uses of the highly toxic pesticide
carbofuran, following an assessment of its associated
ecological and human health risks. Carbofuran has caused
the deaths of millions of birds and other wildlife across the
US. The ban comes into immediate effect for the majority
of uses, with a four-year phase-out period for six minor
Bald eagle
Falconer arrested in Slovakia
Raptor Protection Slovakia (RPS) report on a joint action
with the Slovak Police to foil a suspected nest robber.
On 3 May 2006, Slovak Police seized six peregrine chicks
hidden in shopping bags behind the driver’s seat and in the
glove box of a car driven by a well-known Slovak falconer
at the Slovak–Hungarian border. Another car containing two
suspicious persons was also stopped during the incident.
In addition, a raven with a taped bill was found concealed
in a sock behind the passenger seat.
Following the suspect’s arrest, a search of his house
uncovered maps highlighting many nests of wild birds of
prey. A female golden eagle sitting on two eggs was also
found, the provenance of which is still being investigated.
The investigation came about through the sharing of
intelligence between the police and RPS. Two suspects have
now been charged in connection with this investigation and
face prosecution. RPS returned all of the peregrine chicks to
the robbed nests and they have now all fledged successfully.
Nest robbery by falconers is a continuing problem in
Slovakia. In 2001, a Czech falconer, Josef Kubec, was
imprisoned in Slovakia for one year after a golden eagle’s
nest was robbed. According to RPS, since 1965, about 200
golden eagle chicks, 400–500 saker chicks, 150 peregrine
chicks, and 200–400 goshawk chicks have been stolen, along
with smaller numbers of Eastern imperial eagles and ravens.
RPS is one of the Slovak partners of the Eurogroup
Against Bird Crime (EABC), of which the RSPB is the UK
representative. See http://www.dravce.sk/en/index.php
Illegal limnes trappers targeted
Each autumn, tens of thousands of migrant songbirds are
illegally trapped on the Greek island of Santorini. Poachers
lure the birds to ‘limnes’ – man-made drinking pools baited
with live captive birds.
Chris Gomersall (rspb-images.com)
Linnet – one of the species
targetted by trappers
When migrants land, a concealed poacher tugs on a rope
that releases a net and traps the birds. Finches are targeted,
including linnets, goldfinches, greenfinches, chaffinches
and serins. Trapped female birds are often fried and served
with ouzo, while males are kept as cage birds. The practice
is illegal under the EC’s Wild Birds Directive, as Giorgos
Karris of the Hellenic Ornithological Society (HOS, BirdLife
in Greece) points out: ‘There is absolutely no legislation
that allows this kind of activity.’
Gerakina, a local pressure group, estimates there are
between 200 and 500 limnes on the island, and an
estimated 50 birds are trapped every autumn.
Last November, using information that HOS had provided,
a team of forestry rangers from the Forestry Department
of Cyclades and game wardens from the regional Hunting
Federation found and destroyed dozens of limnes, although
nobody was arrested during the operation. Vangelis
Goudoufas, a forestry official, commented, ‘When we
were there, we were able to show that our position was
unyielding, despite all the resistance that we met with.
But the fact that we don’t have permanent staff on Santorini
is a major disadvantage.’ Currently, there are only six forest
rangers to cover the 24 inhabited islands of the Cyclades
archipelago.
HOS is continuing to put pressure on the forestry
department to send wardens to Santorini again
this autumn.
Write to be read
We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions
in your force. Send your articles to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL,
by e-mail to sarah.eaton@rspb.org.uk or by fax to 01767 691052. The views expressed in Legal Eagle are not necessarily
those of the RSPB. Please help us keep the WCO mailing list up to date by letting us know of any changes.
The RSPB
UK Headquarters, The Lodge, Sandy, Bedfordshire SG19 2DL
Tel: 01767 680551
The RSPB is the UK charity working to
secure a healthy environment for birds
and wildlife, helping to create a better
world for us all. We belong to BirdLife
International, the global partnership of
bird conservation organisations.
Northern Ireland Headquarters, Belvoir Park Forest, Belfast BT8 7QT
Tel: 028 9049 1547
Scotland Headquarters, 25 Ravelston Terrace, Edinburgh EH4 3TP
Tel: 0131 311 6500
Wales Headquarters, Sutherland House, Castlebridge,
Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000
For further RSPB publications and more information on wild birds and the law, visit www.rspb.org.uk/birdlaw
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