a million
voices for
nature
LEGAL EAGLE
THE RSPB’S INVESTIGATIONS NEWSLETTER
JUNE 2008 No 55
Head gamekeeper James Shuttlewood (front)
with PC Raspbeary at one of the cage traps
holding a live pigeon on the Snilesworth Estate
(there was no conviction regarding this trap).
Award-winning gamekeeper
convicted of illegal trapping
James Shuttlewood, head gamekeeper of the Snilesworth
Estate, and two of his staff have been convicted in
connection with an illegal trapping campaign, involving
cage traps baited with live pigeons in North Yorkshire.
On 8 February 2008, three gamekeepers from the Snilesworth
Estate pleaded guilty at Scarborough Magistrates’ Court to
eight offences under the Wildlife and Countryside Act 1981.
The head gamekeeper, James Shuttlewood, 40, an
experienced gamekeeper of over 20 years, pleaded guilty to
permitting the use of five illegal traps by his staff, and was
fined £1,250. In 2005, Shuttlewood won a Purdey Game and
Conservation award.
Charles Woof, 22, a gamekeeper covering the Scugdale
Valley, pleaded guilty to using one of the traps, and was
fined £100. David Cook, 18, a trainee underkeeper, pleaded
guilty to using two traps and received a 12-month conditional
discharge. All were ordered to pay £43 towards prosecution
costs. It was clear that the court took a particularly serious
view of Mr Shuttlewood’s involvement, outlining that his
staff were carrying out his instructions and that his
reputation had been tarnished.
The Snilesworth Shoot, managed for the shooting of
grouse, pheasants and partridges, operates on the Estate.
American businessman Bob Cieslukowski holds the lease
of the moor, and its management is contracted to Mr Mark
Osborne of Banbury.
Over an eight-day period in May 2007, a local farmer found
three portable cage traps all containing live pigeons in 3
IN THIS ISSUE: Council fined for dormouse habitat destruction O Wheal
meet again? O Bluebells stir public emotion O National Wildlife Crime
Unit (NWCU) funding secured O White-tailed eagles poisoned in Ireland
4 secluded woodland areas in the
Scugdale Valley on the north side of
the Snilesworth Estate, on the North
York Moors. Cage traps can be used
legally to control certain crows
(typically magpies and carrion crows),
but the use of live pigeons as bait is
illegal, and such traps were clearly
intended for the illegal trapping of
birds of prey. This matter was reported
to the police.
RSPB investigators carried out covert
surveillance on two of the cage traps.
In connection with this enquiry, the
RSPB would particularly like to thank
the efforts of WCOs PC Jeremy
Walmsley and PC Mark Raspbeary, Dawn
Birkett of the CPS and the local farmer
who originally reported the matter.
Gamekeeper David
Cook caught on
camera feeding the
pigeon in an illegal
cage trap on the
Snilesworth Estate.
J Leonard (RSPB)
On 26 May 2007, RSPB investigators
located a further four cage traps in
other locations on the Snilesworth
Estate, and three of these also
contained live pigeons. A fourth
trap held the remains of a dead
pigeon, apparently plucked. The body
of a dead sparrowhawk, a suspected
trap victim, was found a short distance
away, pushed down a hole.
On 29 May 2007, David Cook was
filmed visiting two of the cage traps
and providing grain and water for the
captive pigeons. This evidence was
passed to the North Yorkshire Police,
and, assisted by the RSPB and RSPCA,
they visited the Snilesworth Estate on
31 May 2007. They spoke with some
of the gamekeepers and visited the
cage traps to find that two of the six
live pigeons were still present, though
it was suspected others may have
been released prior to the police
arrival. This was confirmed in one case
by a covert camera left monitoring one
cage trap that showed a young man
releasing the pigeon just a few
minutes before the police arrived.
Gamekeepers from the Estate were
later interviewed by the police and
reported for a number of offences in
relation to the cage traps.
PROSECUTIONS
Hunters fined in Liverpool
Merseyside WCO Steve Harris reports
on a recent hunting case:
The offences came to light in August
2007, when five hunters returning from
North Wales in their Land Rover were
arrested on suspicion of illegal hunting
after being stopped in Liverpool. They
were wearing camouflage clothing and
were in possession of dogs, spades,
electronic tracking devices, nets and
A file was submitted to the Crown
Prosecution Service (CPS). The CPS
prosecutor, like the arresting officers,
was unaware of the evidential
significance of some of the seized
items and contemplated discontinuing
the case. I was asked if I could provide
a statement explaining the significance
of all the equipment. From my
experience with other cases, I was able
to describe how the equipment could
be used in conjunction with sending
dogs underground.
During sentencing, District Judge Mr
Abelson commented that the evidence
against the men was overwhelming
and that they were serious offences.
He ordered the forfeiture of the Land
Rover, and that all the hunting
equipment should be seized by police.
He was not able to make an order
regarding the dogs, despite a desire
to do so, as they had not been seized
and could not be located and identified
so long after the event.’
Information about wildlife crime
in Merseyside can be found on the
police website at:
www.merseyside.police.uk/html/
crimeprevention/wildlife/index.htm
Danny Green (rspb-images.com)
‘On 4 February 2008, four hunters
from Liverpool appeared at Liverpool
City Magistrates’ Court, facing charges
under Section 1 of the Hunting Act
2004 relating to the illegal hunting
of foxes and badgers, with dogs, in
North Wales. Peter Blackhall, 25, of
Lapford Crescent, Liverpool, Thomas
Bell, 23, of Exeter Close, Liverpool,
Adam Pengilley, 21, of Adlam Road,
Liverpool, and a 17-year-old youth
pleaded guilty to the offences. The
adults were each fined £250, the
youth was given a conditional
discharge for 12 months, and all
ordered to pay £80 costs.
other equipment used for the illegal
hunting of foxes and badgers, which
was seized. During interview, each
gave a different account of their
activities. One admitted illegal hunting,
and because of his good character,
was given a police caution. The others
were charged with hunting offences.
Council fined for dormouse habitat destruction
South Wales Police WCO Ian Guildford reports on what
is believed to be the first ever UK conviction involving
wild dormice:
Bridgend Council
‘Bridgend County Borough Council were fined £1,000 plus
£100 costs on 20 December 2007 at Bridgend Magistrates’
Court after pleading guilty to an offence of reckless
disturbance of a Schedule 5 species under Sections 9(4)(b)
and 69 of the Wildlife and Countryside Act 1981 (WCA).
All other summonses against the council and the two
employees were discontinued following plea bargaining.
After consultation with the CPS I decided to summons two
employees of the council and the council, as a corporate
body, for offences of disturbance and destruction under
both the WCA and the Habitat Regulations. As far as I can
determine, this is the first ever conviction within the UK
relating to offences involving dormice.’
This case relates to work that was carried out on the site
of an old Second World War prisoner of war camp in
Bridgend, South Wales. Various planning applications to
develop the site resulted in a history of environmental
surveys being carried out that identified the presence
of dormice, as well as lesser horseshoe bats in the last
remaining prisoner of war hut.
At the beginning of 2007, the local authority discussed a
proposal to control the scrub encroachment. Despite the
results of the surveys, a tractor driver was duly dispatched
to begin cutting back the encroaching growth. Once local
residents became aware this work was being undertaken,
it was stopped, but only after five days of cutting in areas
known to contain dormice.
The old prisoner of war camp in Bridgend, where
the dormouse habitat destruction occurred.
Pesticide fines for gamekeeper and employer
Gordon Smart, the head gamekeeper for over 30 years on
the Manningford Bruce Estate, near Pewsey in Wiltshire,
and his Portuguese employer Mr Nuno de Brito e Cunha
(Visconde de Pereira Machado) have been convicted of
pesticide-related offences under the Food and Environment
Protection Act 1985 (FEPA).
On 18 December 2007 at Kennet Magistrates’ Court, Smart
pleaded guilty to five offences relating to the illegal storage
and use of rodenticides and the fumigant Phostoxin. He
was fined £1,000 and £100 costs. His employer, Viscount
Machado, pleaded guilty to two charges of permitting the
unlawful use of rodenticides and failing to provide the
necessary instruction, training and guidance. He was fined
£3,500 and £400 costs.
During the spring of 2006, three dead buzzards and a
magpie were found on land bordering the Manningford
Bruce Estate. These were submitted for analysis and
alphachloralose abuse was confirmed. There is a long
history of wildlife poisoning in this area – since 1981 there
have been a shocking 10 confirmed poisoning incidents
within four miles of Pewsey village, including birds of
prey and badgers. These have involved the abuse of the
pesticides alphachloralose, mevinphos and triazophos.
Following intelligence gathered by WCO Sgt Mark Barrett
and the RSPB, and with the support of Natural England,
a search took place on 29 June 2006 on the Manningford
Bruce Estate and outbuildings at the home address of
Smart. No evidence relating to the poisoning incidents was
found. However, a tube of the fumigant Phostoxin, which
gives off the very toxic phosphene gas, was found unsafely
stored in Smart’s Land Rover and he admitted he had
stored the product the previous evening in his home. There
are strict conditions for the use of this product and no
suitable store was found on the Estate.
In a large open-fronted barn on the Estate, the search team
found insecurely stored rodenticides and exposed bait. These
rodenticide baits should be prepared to exclude possible
access by children and non-target animals. A syringe
belonging to Smart was also discovered, and was found
to contain traces of three agricultural pesticides – endrin,
mevinphos and triazophos – when analysed. These products
have been unapproved for many years and syringes have
been used on many occasions to prepare poisoned baits.
Smart and his employer were both interviewed about these
matters. A Control of Substances Hazardous to Health
assessment produced by the Estate was 15 years old and
HSE confirmed it was unfit for purpose. Smart was charged
with possession of a ‘poisoner’s kit’ in relation to the syringe,
but this matter was discontinued following pleas to other
matters. The RSPB would like to thank Sergeant Barrett, CPS,
Natural England and HSE for their assistance with this case.
Tom Marshall (rspb-images.com)
Wemmergill Moor is acknowledged as
one of the UK’s top grouse moors and
last year a record bag of over 16,000
red grouse was shot there.
Top grouse moor handed £0.5
million fine for SSSI damage
Wemmergill Moor Ltd pleaded guilty
to three offences relating to construction
without obtaining the necessary
permission of a new track almost 1 km
in length, a car park and associated
drainage, as well as damage to another
route. The works resulted in damage
to over 4,433 square metres of
internationally important peatland
habitat, which is also home to birds
such as merlins and golden plovers.
The Court imposed a Restoration
Order requiring Wemmergill Moor
Ltd to remove the track and car park
to restore that part of the SSSI to its
Natural England
Wemmergill Moor Limited, a company
based in Hawes, North Yorkshire, was
fined £50,000 by Durham Crown
Court on 28 January 2008 for causing
damage to part of Lune Forest Site
of Special Scientific Interest (SSSI)
in County Durham, which it owns.
The company was also ordered to
pay Natural England’s full costs of
£237,548 in bringing the prosecution.
Together with the costs of restoration
and other measures, the total cost
to the defendant exceeds £500,000. The
company is owned by Michael Cannon,
a millionaire who made his fortune
from the pub trade and is ranked
238th on the Sunday Times Rich List.
One of the tracks that cost
Wemmergill Moor Ltd £500,000.
former condition. The defendants
also gave an undertaking to carry
out, at their own cost, additional
works to reduce the overall impact
of works associated with another
track within the SSSI and to block
an area of man-made drains 40 km
in length to help improve the
condition of the moorland.
Martyn Howat, Natural England
Regional Director, said, ‘SSSI owners
have a legal responsibility to seek
permission from Natural England
about proposals that may damage
SSSIs. Natural England will continue
to work in partnership with SSSI
owners and occupiers to ensure that
these nationally and internationally
important wildlife sites are conserved.
Over the last 18 months, Natural
England has been working with
Wemmergill Moor Limited to agree
a management plan that will ensure
that over 5,500 hectares of Lune
Forest SSSI is managed to sustain
and enhance its interest for wildlife.’
SSSIs are notified and afforded
protection under the Wildlife and
Countryside Act 1981. Among other
legal obligations, the legislation
places requirements on owners and
occupiers of land within SSSIs. Section
31 of the 1981 Act enables a Court to
make a Restoration Order specifying
operations for the purpose of restoring
the SSSI to its former condition prior
to the damage occurring.
Natural England estimates that there
is more carbon stored in the UK’s
peat than in all the forests of the
UK and France combined. All of
the peatlands in England and Wales
would absorb around 41,000 tonnes
of carbon a year if in a pristine
condition, but could emit up to
381,000 tonnes of carbon a year
if they are damaged by practices
such as excessive burning, drainage
and over-grazing.
Police poison swoop
In 2006, the RSPB received information that a male in the
Midlands was supplying pesticides, acquired from Ireland,
to a number of gamekeepers in the north of England for
use in illegal predator control. A number of estates were
mentioned as being involved. Over the years, information
from several sources has claimed that pesticides sourced
in Ireland have been used for illegal wildlife poisoning on
UK sporting estates. In the spring of 2007, following calls
from members of the public, the RSPB located a dead
buzzard, a dead gull and a number of rabbit carcasses
on two of the estates mentioned. Analysis confirmed the
presence of the pesticide alphachloralose, which has a
long history in wildlife poisoning.
to gamekeepers in Scotland. Enquiries in Eire by the Pesticide
Control Service resulted in a warning for the company.
In May 2007, a joint operation involving North Yorkshire
and West Mercia Police forces, supported by Natural
England, the Defra Investigation Service (DIS) and the
RSPB, executed warrants at a number of addresses.
The National Gamekeepers’ Organisation (NGO) later
published an article accusing the police and others of
persecuting gamekeepers. This failed to mention the
presence of the poisoned birds and the NGO refused to
print a response from the RSPB outlining the full facts
of the investigation.
A number of unapproved and improperly stored pesticides
were discovered at an address in Shropshire. A container
of strychnine was found in an insecure gun cabinet and a
container of the fumigant Cymag in an outbuilding. Of
particular interest, were two kilos of pure alphachloralose
found in an outbuilding loft, in a box bearing postage details
indicating they had been acquired from a pesticide firm in
Eire. RSPB records showed this company had been at the
centre of allegations in 1995 of illegally supplying this product
Though disappointed with the decision to caution one
individual, the RSPB are very grateful for the efforts of
both police forces, Natural England and DIS in working
together to investigate this matter. The abuse of pesticides
remains a serious problem, and hopefully one line of
supply of products for wildlife poisoning may now have
been disrupted.
J Leonard (RSPB)
A dead buzzard killed by a rabbit bait
laced with the pesticide alphachloralose
on a sporting estate in North Yorkshire.
A man from Shropshire was later interviewed. Though there
was no evidence of pesticide supply to other parties, he was
unable to account for why he would need to hold these
highly toxic professional control products. It was therefore
disappointing that this matter was considered suitable for
caution. Based on previous cases, the nature of the products
and conditions of storage, the RSPB felt this course of action
was not appropriate. Two men in North Yorkshire have been
charged with a number of pesticide-related charges and the
matter has been listed for trial.
Pigeon fancier sings like a canary!
On 23 October 2007 at Sunderland
Magistrates’ Court, David Colwill, a
pigeon fancier from Horden Dene,
Easington Colliery, County Durham,
pleaded guilty to two offences under
the Wildlife and Countryside Act 1981
of setting a cage trap to take wild
birds, and one offence of failing to
provide a duty of care under the
Animal Welfare Act 2006. He was
fined £600 and £60 costs.
On 6 September, following information
from a member of the public, RSPB
J Leonard (RSPB)
Pigeon fancier David Colwill
caught on camera setting an
illegal hawk trap.
Officers attended the area and
discovered a set cage trap in the rear
of a large secluded garden, adjacent
to pigeon lofts. There were three live
canaries in the decoy department.
Such decoy birds can never be used
in cage traps legally, and the RSPB had
no doubt the trap was intended for
sparrowhawks, which are sometimes
unpopular around pigeon lofts.
On 10 September, RSPB officers
successfully filmed Colwill taking the
cage trap from his pigeon lofts and
setting it in his garden. This was
reported to the Durham Police, and
on 13 September, PC Hughes, assisted
by the RSPB and RSPCA, undertook
a search of the land at the premises.
Colwill was present when the cage
trap was discovered in a storage area
of the pigeon lofts and he initially
claimed it was merely for holding his
singing canaries. He was arrested and
interviewed and admitted setting the
cage trap, though he claimed it was
for catching magpies.
The impact of raptors has been a topic
of regular debate amongst the racing
pigeon community, and there have been
demands to allow culling, particularly
of peregrines and sparrowhawks, which
may attack racing pigeons during races
and around the lofts.
Government-commissioned research
has found that attacks by sparrowhawks
at UK lofts accounted for an annual
collective loss of 2.7 birds per loft,
equivalent to 3.7% of the racing pigeon
population, though with some lofts
suffering higher losses. It is important
to put this in context with other losses –
86% of pigeon losses are unrelated to
birds of prey. These include birds
becoming lost, joining feral flocks or
dying due to fatigue, collisions, poor
weather or other factors.
The RSPCA had concerns over the
welfare of the canaries that were used
as live bait in the trap, and assisted in
obtaining a statement from a vet in
relation to this. It is believed this is the
first time the Animal Welfare Act has
been used in relation to decoy birds.
The RSPB would like to thank PC Paul
Hughes, RSPCA Inspector Grahame
Foggin and the CPS for their assistance.
In October 2007, following a two day trial at Telford
Magistrates’ Court, Mark Paddock, 37, of Coronation Drive,
Donnington, Telford, was convicted of an offence contrary
to Section 11(2)(c)(iii) of the Wildlife and Countryside Act
1981 using an artificial light for the purpose of killing or
taking a badger (listed on Schedule 6 WCA). The District
Judge imposed a 90-day suspended sentence, a 90-day
curfew between 20.00 hrs and 05.30 hrs, 200 hours’
community service and £2,600 costs. Ian Briggs of the
RSPCA SOU reports:
‘The case stemmed from a search warrant executed at
Mark Paddock’s property by West Mercia Police and
RSPCA SOU in connection with a badger digging incident
in January 2006. Badger digging paraphernalia (such as
locators and books on badger digging), a mobile phone
and two knives were seized, as well as two dogs, both
exhibiting old injuries consistent with coming into contact
with badgers.
Forensic examination of the phone by the police computer
crimes unit revealed video footage taken by that phone of
Paddock’s two dogs attacking a badger at night whilst he
illuminated the scene with a torch. Voice analysis of the
phone confirmed that it was Paddock’s voice encouraging
David Kjaer (rspb-images.com)
Badger conviction
the dogs to kill the badger. DNA profiling by Wildlife DNA
Services confirmed that one of the knives had traces of
badger blood still on it.
At trial, Paddock claimed he had killed the badger on
humane grounds as his dogs had accidentally caught it
whilst he was out rabbiting. This was despite him denying
any involvement with badgers at three previous interviews.
The RSPCA would like to thank the West Mercia Police and
WDNAS for their assistance with this case.’
Sue Tranter (rspb-images.com)
Raven
Wheal meet again?
Following intelligence gathered by
the RSPB and Warwickshire Police,
on 19 June 2007, assisted by West
Midlands Police and the NWCU, a
number of search warrants were
executed as part of ‘Operation Carron’.
A number of birds’ eggs were seized
at one address, some of which were
found in a hidden compartment under
the conservatory floor and were
believed to have been recently taken
in Iceland and Turkey. These eggs
were outside the provisions of the
Wildlife and Countryside Act 1981,
but were later destroyed by Defra
as they had been imported without
appropriate health certificates.
At another address, a mounted wildcat
was seized. It is suspected this animal
Guy Shorrock (RSPB)
Prolific egg collector Gregory Peter
Wheal shows no signs of stopping
despite his ninth conviction since
1987 for egg-collecting offences. On
3 January 2008, Wheal was sentenced
at Coventry Magistrates’ Court to
six months’ imprisonment, having
pleaded guilty to three offences
under the Wildlife and Countryside
Act 1981. Wheal had received a
four-month sentence for similar
offences in January 2006.
Following sentencing, an application
was made for a CRASBO (Criminal
Anti-Social Behaviour Order) to try
to restrict his movements during the
breeding season and prevent him
associating with other convicted egg
collectors. At an earlier hearing, while
leaving court, he remarked to the press
that he would not be giving up egg
collecting. Wheal himself also said
that he was in favour of the CRASBO
as he found the bird breeding season
‘very stressful’.
Peregrine eggs held by Wheal.
had been killed using dogs on a trip
to France. This skin was confiscated
and a male cautioned for possession
of the animal. At another address, a
number of eggs and other items were
seized. This matter is due for trial
later in 2008.
At Wheal’s address, four peregrine
eggs and six raven eggs were seized,
along with a selection of egg-collecting
equipment including containers,
climbing irons and books. Wheal
was arrested, and during interview
he alluded to the fact that he had a
collection that he was not about to
give up, and that he would like to be
able to have it on show.
After nearly two hours of deliberation,
the court outlined that the Wildlife and
Countryside Act was of outstanding
social importance and he had blatantly
disregarded this law. In view of the
seriousness, custody was the only
option. The court was also satisfied that
egg collecting constituted anti-social
behaviour, but decided on this occasion
that a CRASBO was not appropriate.
As it is believed that Wheal still holds
a substantial collection of birds’ eggs,
and based on past performance, it
seems likely he may come to the
attention of the authorities in the future.
The RSPB would like to thank the
efforts of the two police forces, Nigel
Wilkins of the West Midlands CPS and
Andrew McWilliam of the NWCU.
Bluebells stir public emotion
Former Wildlife Crime Officer Sergeant
Pete Charleston of the North Wales
Police reports:
‘In the past seven years, over 2,000
wildlife incidents were bought to my
attention. Undoubtedly, one incident
in September 2006 resulted in far
more calls than any other. Not the
theft of rare birds’ eggs or illegal
badger hunting, but the harvesting
of bluebells from a hillside in
Llanaelhaearn on the Llyn Peninsula.
A gang of labourers, employed by a
company in Norfolk, spent six weeks
harvesting wild bluebell bulbs with the
consent of the landowner, Mr Richard
Japheth. The display of these flowers
each spring is cherished by the local
community, and emotions ran high.
Both the landowner and the
representative of the company were
spoken to and they maintained that the
bluebell bulbs were being removed in
exchange for bracken clearance on site.
British bluebells are protected under
the Wildlife and Countryside Act 1981
(WCA), but only in respect of sale.
The initial explanation suggested that
no offences were being committed.
However, ‘sale’ is further defined in
the WCA and includes barter or
exchange. It seemed clear there had
been the provision of labour in
exchange for bluebell bulbs.
Both parties were formally interviewed,
and it became apparent that over
Mark Thomas (RSPB)
It is illegal to sell native bluebells.
several years advertisements
containing offers to purchase wild
plants had appeared in a number of
publications read by the farming
community. Interestingly, the
advertisements invited readers to make
money without doing anything, but
only contained offers to purchase and
made no mention of sale. (Remember
it is only the sale of protected plants
that amounts to an offence.) Such an
advert was the catalyst for the activity
in Llanaelhaearn.
When interviewed, Mr Darren Brian
Woods could not say for certain how
many bulbs had been removed from the
site, but there was an acceptance that it
may well have been 200,000. He also
suggested that the bulbs had not been
removed in order to sell to the public,
but were to be propagated in Norfolk –
the seeds collected and planted with
only the subsequent bulbs being sold.
In September 2007, the case came to
trial at Pwllheli Magistrates’ Court
where the landowner Japheth was fined
£2,000 and Woods was fined £5,000.
To my knowledge, this is the first WCA
bluebell conviction, with previous cases
involving theft. I am very grateful for
the assistance and expertise received
during this case, including Dr Trevor
Dines of Plantlife, the biodiversity team
at Gwynedd County Council and the
Crown Prosecution Service.’
Catch the pigeon killer
On 30 January 2008, at St Helen’s Magistrates’ Court, Robert
Arthur Sharp of Billington Avenue, Newton-le-Willows,
Merseyside, pleaded guilty to killing five feral pigeons
and the possession of an air rifle in a public place. He
was sentenced to 160 hours’ community service and £150
costs. Merseyside Wildlife Crime Officer, Steve Harris,
takes up the story:
of five feral pigeons. Sharp was arrested and admitted
using the air rifles to shoot woodpigeons and rabbits for
food. Later, during interview, he claimed he only killed feral
pigeons, which he regarded as ‘flying rats’, no better than
vermin, and he was doing a public service by removing
unwanted pests. This appeared to be in breach of the
General Licences, and he was charged with two offences.
‘In July 2007, a worried resident of Newton-le-Willows
reported that she regularly encountered a man on local
public footpaths who was shooting at wild birds, including
a pair of buzzards, with an air rifle. Though too nervous to
provide a statement, she was able to point out his address.
Importantly, following his guilty plea, the court forfeited
both air rifles, using powers under Section 52 of the
Firearms Act 1968; this allows forfeiture not only of
weapons used in the commission of an offence, but also
any firearm in his possession.
Following further enquiries, I executed a search warrant on
26 July under the Wildlife and Countryside Act at Sharp’s
home. This recovered two expensive air rifles, and a metal
box in the garden that contained the decomposed bodies
The case highlights the principle of all wild birds being
protected and the value of enforcement action, which took
two air rifles out of circulation that he was undoubtedly
using to kill other wild birds.’
NEWS
Bird registration slashed
Biodiversity Minister Joan Ruddock
has announced that the UK Bird
Registration Scheme will not be
scrapped altogether, but the number
of species protected by it will be
slashed. The scheme requires owners
of captive birds listed on Schedule 4
of the Wildlife and Countryside Act to
be registered with Defra.
The announcement came after an
adjournment debate in Parliament on
the future of the scheme on 23 January.
The debate was secured by Martin
Salter, Labour MP for Reading West,
who made an impassioned plea for
the Minister to accept the conclusions
of the conservation community and
the police to retain the list of over 40
species recommended for Schedule 4
listing by JNCC.
In response, the Minister agreed that
she saw merit in retaining the scheme
in a much-reduced format. However,
she somewhat perversely argued
that it had not been possible for
Defra to ascertain how it was
functioning as a deterrent, nor had
they seen proof that de-listing would
pose a threat to the conservation
status of the birds concerned.
The RSPB believes that Defra intends
to remove all species from Schedule
4, with the exception of seven native
birds of prey species. JNCC had
originally produced a revised Schedule
4 list using criteria agreed by all the
stakeholders for the 2006 public
consultation. The revised list
comprised 46 species of native
and non-native birds. JNCC advised
that the conservation status of these
species would benefit from the
deterrent effect of registration, and
the new list was widely supported
by consultees.
RSPB Investigations Officer Duncan
McNiven said, ‘The RSPB is dismayed
at Defra’s decision to ignore the
advice of its own scientific advisors,
the conservation community and the
police on this issue. It is disappointing
that they saw fit to give a completely
new, apparently arbitrary, set of
criteria to JNCC in an attempt to
reduce the list of Schedule 4 birds
without any further consultation.
This gives the impression that the
consultation process was a sham
and it was their intention to achieve
this outcome from the start.’
However, even before the results
of the consultation were published,
Animal Health asked JNCC to reassess
the species for inclusion using a set
of new criteria which they supplied.
JNCC produced a list of 16 native UK
species that matched these criteria,
but made it clear that they did not
recommend this as a way forward.
Even this list of 16 appears to have
been too much for Defra, resulting
in it being stripped down to seven
raptors. The species are golden eagle,
goshawk, osprey, honey buzzard,
white-tailed eagle, and marsh and
Montagu’s harrier.
Defra’s proposed list excludes the
11 non-EU species originally
proposed by JNCC, such as Lear’s
macaw and Bali starling. JNCC had
argued that registration would assist
in the conservation effort for these
critically endangered species. Defra
excluded them on the grounds that
that the current EU bird import ban
makes their inclusion unnecessary,
and that smugglers would not be
inclined to register these birds
anyway. However, as the RSPB has
pointed out, all 11 species could not
be imported legally under CITES
rules before the import ban anyway.
In addition, eight of the 11 are
already kept in substantial numbers
in this country, which provides an
ideal opportunity for laundering
illegal birds. Without registration,
it is unlikely that such birds will now
be traced.
Peregrine
Ray Kennedy (rspb-images.com)
Of the UK-native birds that have
been omitted, the peregrine is the
species of most concern to the RSPB.
Traditionally, most criminality
involving Schedule 4 birds has
centred on this species due to the
demand for it as a falconry bird. The
crime rate was only reduced in the
mid-1990s following a series of high
profile court convictions in which
registration records proved vital in
tracing birds stolen from the wild
for DNA analysis. Although the
peregrine population is currently at
an all time high of over 1,300 pairs
nationally, this figure masks some
worrying regional declines. At the
time of writing, the RSPB is lobbying
the Minister to reinstate this species
on Schedule 4.
Forensic Analysis Fund launched
to tackle wildlife crime
A new Forensic Analysis Fund has
been launched to subsidise the forensic
costs for wildlife crime investigations.
The fund has been established by the
PAW Forensic Working Group (FWG)
to support police and customs
investigations of domestic and
international wildlife crime.
For over 10 years, the FWG has
provided advice on the use of
forensics in wildlife crime
investigation. Recently the group has
been increasingly active, producing
useful information such as the ‘Guide
to the use of forensic and specialist
techniques in the investigation of
wildlife crime’ (for a pdf version, visit
www.defra.gov.uk/paw/publications/
pdf/wildlifecrime-forensics.pdf) and
participating in police and HMRC
wildlife crime training courses. The
group has produced a forensic
sampling kit for the preservation
and collection of evidence for DNA
analysis. However, the FWG were
increasingly aware that finances were
not always available to undertake
forensic testing for wildlife offences
even when this could have been
significant in securing a prosecution.
on funding should be made within
three days of application. For further
background on the fund, please
contact the FWG co-ordinator at
[email protected] or
call 07917 533253.
Finances for the new Forensic Analysis
Fund were kindly donated from three
PAW partners, TRACE – Wildlife
Forensics Network, WWF and the RSPB,
who each donated £2,500. The National
Wildlife Crime Unit fund will administer
the fund on a case-by-case basis.
TRACE is an international NGO that
promotes the use of forensic science
in biodiversity conservation and the
investigation of wildlife crime. The
TRACE network brings together
forensic scientists and enforcement
agencies. The TRACE network website
– www.tracenetwork.org – provides
information on wildlife forensic
techniques, links to wildlife forensic
laboratories and further information
on the work of the FWG. Forensic
practitioners and wildlife protection
authorities are encouraged to register
on the TRACE website. Membership
is regulated by TRACE and there is a
question and answer forum for any
member to seek or provide advice.
In appropriate cases, the fund will
provide match funding up to 50%
of the cost of forensic testing, where
it is believed the analysis will have a
significant impact. In certain
circumstances, the fund may
contribute a greater proportion of
costs. Officers can apply for financial
support both prior to, or after, the
collection of evidence and a decision
WoodyStock (Alamy)
Rare wild plants
stolen in Kent
Virtually the entire population of a
rare wild flower has been wiped out
from a nature reserve in Kent. The
12 meadow clary plants were dug
up in January from Ranscombe Farm
reserve in Kent, managed by the
charity Plantlife.
The theft is being investigated by
Kent Police, as meadow clary plants
are specially protected under a 1992
amendment to Schedule 8 of the
Wildlife and Countryside Act 1981. It
is an offence to pick, uproot or damage
any plants listed on Schedule 8.
The Chief Executive of Plantlife,
Victoria Chester, said, ‘The loss of so
many meadow clary plants from the
small population at the reserve is
devastating for the conservation of
the species here.’
‘It is particularly distressing because
meadow clary plants have been
recorded at this site for more than
200 years, with the first ever UK
botanical record for meadow clary
being on this same field edge in 1792.
Plantlife had been successful in
doubling the number of plants over
the last two years through active
management of the site, but it may
now be difficult for the population
to survive the loss of so many plants
in one go.’
The meadow clary has striking blue
flowers, and can grow up to 80 cm
tall on chalk or limestone soils in open
or rough grassland. It survives as a
native population at only 21 locations
in the UK in Oxfordshire, the North
and South Downs, the Chilterns and
at one site in Wales.
Meadow clary
Ian West (RSPB)
WCO Pete Charleston (left) receiving a PAW
Certificate of Merit from Chief Constable
Brunstrom at the Welsh Conference.
Welsh Police Wildlife and
Environmental Crime Conference
The seventh Welsh Police Wildlife and Environmental
Crime Conference, organised by the Countryside Council
for Wales (CCW) in partnership with Dyfed Powys Police,
took place on 21–22 January 2008 at the Metropole,
Llandrindod Wells. Around 130 delegates attended,
representing police forces across Wales and some
English counties, government departments, companies
and voluntary organisations with an interest in wildlife
law enforcement.
The conference was opened by Richard Brunstrom, Chief
Constable of North Wales. This was followed by addresses
from Andy Evans, the Dyfed Powys Chief Constable, and
Roger Thomas, the Chief Executive for CCW. Jane
Davidson, the Welsh Assembly Minister for Environment
Updated Nature
Conservation Law
manual available
The second edition of ‘A Manual of Nature Conservation
Law’, edited by Michael Fry, is now available.
This useful document contains legislation related to
wildlife and its conservation in England and Wales. This
is an extremely handy resource and reference tool as
it is up-to-date and contains amendments to the legislation
(with additional future updates available online). Visit
www.wildlaw.co.uk to read reviews or order a copy.
Sustainability and Housing, outlined her support for the
efforts of CCW and Welsh Police Forces to tackle crimes
against precious habitats and species in Wales.
There was a variety of talks, including the first prosecution
for the destruction of a dormice site in the UK, a fishing
enforcement review, the role of the Welsh Assembly
Government and an update from the National Wildlife
Crime Unit. There was also a workshop to explore the
effectiveness of partnership working.
Pete Charleston, in light of his impending retirement, was
commended for his contribution to tackling wildlife crime
in Wales, and was awarded the PAW Certificate of Merit by
Richard Brunstrom.
N Williams
Nick moves on
After many years of commitment to wildlife crime issues,
Nick Williams has moved on to new pastures, though still
within Animal Health.
With a lifelong interest in natural history – particularly raptor
conservation – Nick participated in field expeditions to over
50 countries and contributed to a wide range of published
work. After dabbling in fashion photography, he was recruited
to the then Department of the Environment in 1987 as the
first full-time Wildlife Inspector, and later promoted to Chief
Wildlife Inspector, a post that he held for 15 years.
Nick was heavily involved in the establishment of the
Partnership for Action against Wildlife Crime (PAW) in
1995, and has always been one of the main driving forces
in the PAW Secretariat. Nick’s support for PAW was always
self-evident from his involvement in the annual Police and
Customs Enforcement Officers’ Conferences.
In the early 1990s, following the early enforcement successes
with DNA profiling, Nick masterminded the introduction of
the use of DNA profiling by the Wildlife Inspectorate to check
captive breeding claims. He was involved with the PAW
Forensics Working Group from the outset, which he chaired
for a number of years, and for which he helped to secure
funding for a range of projects. Nick also helped introduce
ground-breaking statutory DNA sampling powers in the
Countryside and Rights of Way Act 2000.
The RSPB believes this work, in conjunction with other
enforcement work, was instrumental in the success of
DNA profiling to tackle the illegal laundering of birds of
prey. It is somewhat ironic that as Nick moves on after
many years of progress with DNA profiling, Defra is
proposing to dramatically downgrade the bird registration
scheme, and hence the ability to use such methods.
The RSPB would like to pay tribute to the enthusiasm and
dedication of Nick over many years, and wish him all the
best for the future.
Nick Williams, away from the office,
checking out a peregrine breeding site.
G Shorrock (RSPB)
Bat Conservation
Trust scoop the
PAW partner award
In 2006, Browne Jacobson Solicitors introduced the
‘PAW Partner of the Year’ award.
BCT officer Alison Rasey accepts the award from
Tom Huggan of Browne Jacobson Solicitors.
After winning the award last year, the RSPB willingly
relinquished the title to another much deserving
organisation – the Bat Conservation Trust (BCT). BCT
officer Alison Rasey accepted the award, and later
outlined the excellent work the organisation was doing
to tackle bat crime, support Operation Bat and assist
the statutory agencies.
National Wildlife Crime Unit
(NWCU) funding secured
Vernon Coaker MP, the Home Office Under Secretary of
State for Crime Reduction, announced to the Partnership
for Action Against Wildlife Crime Steering Group meeting
held on 6 February 2008 that the Home Office would
provide £150,000 per annum for the next three years
towards funding the NWCU. The Steering Group, through
the Joint Chairs Hilary Thompson and Richard Brunstrom,
welcomed this announcement.
Defra, who have supported the unit from the outset, have
also agreed to commit £150,000 per year for the three-year
period. This move is welcomed by the RSPB as it secures
the future of the Unit, which was launched in Scotland in
2006. It also signals cross-government determination to
tackle wildlife crime in the UK through properly resourced
intelligence-led policing.
Confirming the funding, Minister for Biodiversity, Joan
Ruddock, said, ‘The Wildlife Crime Unit is an important part
of the UK’s armoury in the fight against this unacceptable
and destructive crime. The Government is committed to
tackling wildlife crime, and this joint funding from Defra
and the Home Office will allow the unit to continue its
important work to reduce the significant harm it causes.’
Hen harrier
Mark Hamblin (rspb-images.com)
PAW seminar news
The annual PAW open seminar was held on 27 February
2008 at Kew Gardens, London. The day was chaired by
Chief Constable Richard Brunstrom and Hilary Thompson
from Defra, and saw some excellent presentations on a
range of diverse subjects.
The UK wildlife crime priorities were outlined for 2008,
which included hen harriers, bats, illegal trade in CITES
specimens, freshwater pearl mussels and poaching.
Presentations from a number of speakers focused on
these areas. Paddy Tomkins, the HM Chief Inspector of
Constabulary for Scotland, outlined a recent Thematic
Review of wildlife crime enforcement in Scotland due to
be published shortly.
The highlight was perhaps the candid presentation from
PC Nigel Lound, the recent winner of the PAW 2007 Wildlife
Enforcer of the Year award.
His forthright views on wildlife crime enforcement posed
many questions. This included the lack of full time WCOs,
the loss of important legislation like the Bird Registration
Scheme and the fate of previous winners of this prestigious
award who are no longer in post.
Natural England issues England springs
new general licences
into action
Natural England has taken over responsibility from
Defra for issuing Open General Licences under the
Wildlife and Countryside Act 1981. This change applies
to England only.
Under Section 8 of the Pests Act 1954, it is an offence to
use or knowingly permit the use of any spring trap other
than a trap that has been approved by Order.
The content of the licences remains largely the
same as before but they have all been renumbered.
Visit www.naturalengland.org.uk/conservation/
wildlife-management-licensing/genlicences.htm
for further information.
The Spring Traps Approval Order 1995 approves 13
types of spring trap for use in England and Wales. On
1 October 2007 a further Order was issued, the Spring
Traps Approval (Variation) (England) Order No. 2708 of
2007, approving a further seven types of spring trap for
use in England only.
Natural England conducted a full public consultation
on general licensing in early 2008.
For a full copy of the Order go to:
www.opsi.gov.uk/si/si2007/uksi_20072708_en_1
Red kites to
return to
Northern Ireland
The ultimate chapter of the UK red kite reintroduction will
begin in 2008 when the RSPB in Northern Ireland embarks
on a three-year project to return red kites to the skies of
County Down after an absence of more than 200 years.
This is the first wildlife reintroduction to take place in
Northern Ireland.
Today, Northern Ireland boasts the lowest reported wildlife
crime rate in the UK, and illegal hunting is no longer
considered a threat to the survival of red kites. However,
incidents do still occur in the UK (see Legal Eagle 51) and
within the Republic of Ireland. The Golden Eagle Trust
started a reintroduction project in County Wicklow in 2007
and lost two birds to shooting and poisoning. However,
the banning of some poisoned baits in the Republic has
been a huge step forward.
Mike Lane (rspb-images.com)
The support of local landowners will be essential to the red
kite reintroduction, and work undertaken to assess people’s
attitudes have been met with unanimous support. Red kites
take mainly rodents, insects, and young rabbits, with carrion
a major part of their diet. Land users and community groups
will be consulted individually and assured that the red kite
poses no threat to livestock or game interests.
Red kite
A range of media events is also being launched to support
the project. Red kites and birds of prey in general will be
incorporated into education projects in local schools. The
children will be encouraged to name the released kites,
inspiring a sense of ownership amongst the local community.
Robert Straughan, the RSPB Project Officer, is confident that
local people will warm immediately to the kites and will soon
be able to enjoy a genuine spectacle of nature.
White-tailed
eagles poisoned
in Ireland
An attempt to reintroduce white-tailed eagles to Ireland
has suffered a setback. Two of the birds that were released
in Killarney National Park, County Kerry, in August 2007,
have been found poisoned. Analysis confirmed that both
birds had been poisoned with two different poisons –
alphachloralose and Trodax (nitroxynil). A sheep found
near one of the eagles was laced with alphachloralose.
All native birds of prey, including released white-tailed
eagles, are fully protected in the Republic of Ireland.
Fifteen white-tailed eagles imported from Norway were
released in County Kerry in early August 2007, and they had
adapted well. Local farmers, landowners and members of
the public have been extremely supportive of the project
since the birds were released, although the Irish Farmers’
Association expressed reservations about the project prior
to the arrival of the birds. This is a major disappointment
for the Golden Eagle Trust, which is managing the project
in partnership with the National Parks and Wildlife Service.
Project Manager, Allan Mee, said, ‘White-tailed eagles were
once driven to extinction in Ireland due to shooting and
poisoning, and the success of this project in Kerry will
ultimately depend on the continuing support and goodwill
of all the local community. Even if a handful of individuals
still use poison-meat baits, as has been a traditional practice
and habit, that could ultimately cause the project to fail.’
Valerie O’Sullivan
Allan Mee with the two
poisoned white-tailed eagles.
Surprisingly, whilst putting out poisoned meat baits is
illegal in Ireland, other forms of poison bait can still be
legally used to control crows, ravens and foxes, such as
eggs, bread and butter, chips or grain.
Pete Charleston retires
After 30 years of service, Pete Charleston has retired from
the North Wales Police. For the past seven years, he has
been the Wildlife Crime Officer for the force and was the first
police officer in the UK to be seconded to a statutory nature
conservation organisation. Pete supervised the force’s
investigation of over 2,000 wildlife crimes.
of nesting goshawks. The case led to the first ever exclusion
order being imposed, preventing the offender from entering
nature reserves or National Parks for 12 months. Although
the case was tinged with sadness because the nest was
deserted, Pete believed the investigation demonstrated the
true benefits of partnership working at a number of levels.
His interest in wildlife crime dates back to the early 1990s
when, as a hard-pressed custody sergeant in Holyhead, he
was contacted by the RSPB about egg collectors trying to
take roseate tern eggs from a site in Anglesey. This eventually
led to the conviction of two men from the West Midlands.
Mr Brunstrom, Chief Constable of North Wales, was often
heard to comment that Pete had taken him too literally,
when he told Pete that he would not be judged on the
number of prosecutions he had undertaken. We suggest
that other convictions relating to birds, great crested
newts, tortoises and bluebells, not to mention other cases
relating to SSSIs, tell a rather different story. Whilst out of
the frying pan, Pete is now working for Mr Brunstrom over
the next 12 months on ACPO wildlife crime issues.
One of the cases that bought most personal satisfaction
occurred in the summer of 2006, and resulted in the
conviction of an Operation Easter target for the disturbance
INTERNATIONAL
Tension increases in Malta
Despite Malta’s recent accession to the
EU, wildlife crimes have continued. In
2006, the RSPB sent a 114,000-strong
petition to the Maltese government
from RSPB members condemning the
illegal hunting of birds, which
continues to bring shame on Malta.
In February this year, new problems
arose when an arson attack destroyed
three cars belonging to BirdLife Malta
volunteers. Two of the cars belonged to
BirdLife Malta council members, while
the third car belonged to an American
citizen. All three had been carrying out
scientific ringing studies on birds.
The RSPB’s International Director,
Alistair Gammell, said, ‘Unfortunately,
this cowardly act of vandalism towards
BirdLife Malta is not the first, as
previous acts have seen the mindless
uprooting of trees at a BirdLife Malta
nature reserve.’
‘We fully support the work of our
partner that is working so valiantly
to improve the environment for Malta
and all of its inhabitants, 90% of whom
oppose illegal hunting.’
Guy Shorrock (RSPB)
Illegal Bolivian parrot trade rife
A recent study has found a thriving
trade in rare parrots at a pet market in
Bolivia. The study, which monitored the
wild birds that passed through a pet
market in Santa Cruz between August
2004 and July 2005, recorded nearly
7,300 individuals of 31 parrot species,
of which four were globally threatened.
As a CITES member, Bolivia allows
trade in Appendix II species but bans
trade in Appendix I species. Bennett
Hennessey, the Executive Director of
Armonia – the Bolivian Partner of
BirdLife International – said, ‘We
believe our study describes only a
small proportion of the Bolivian parrot
trade, underscoring the potential extent
of the illegal pet trade and the need for
better Bolivian law enforcement.’
Bolivia appears to serve as a link for the
wildlife trade between Brazil and Peru,
with inexpensive species sold for the
internal market, but threatened and
more valuable birds traded to middlemen with Peruvian trade connections.
Two Lear’s macaw chicks (critically
endangered) and four hyacinth macaw
chicks (endangered) passed through
the market during the study period.
The EU permanently banned all
imports of wild birds in July 2007.
Critically endangered Lear’s
macaws were smuggled
through Bolivian markets.
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 [email protected] or by fax to 01767 693078. The views expressed in Legal Eagle are not necessarily those
of the RSPB. Please help us keep the WCO mailing list up to date by sending any changes to [email protected].
The RSPB
The RSPB speaks out for birds and wildlife, tackling
the problems that threaten our environment. Nature
is amazing – help us keep it that way.
We belong to BirdLife International, the global
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The Royal Society for the Protection of Birds (RSPB)
is a registered charity: England and Wales no. 207076,
Scotland no. SC037654. 232-0652-07-08
UK Headquarters
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Tel: 01767 680551
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Tel: 028 9049 1547
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Tel: 0131 311 6500
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Sutherland House, Castlebridge,
Cowbridge Road East, Cardiff CF11 9AB
Tel: 029 2035 3000
www.rspb.org.uk
Cover: Guy Shorrock (RSPB)
For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw