LEGAL EAGLE
THE RSPB’S INVESTIGATIONS NEWSLETTER
APRIL 2006 No 48
Mike Richards (rspb-images.com)
Schedule 1 kingfisher eggs were discovered in Wheal’s possession
Jail for serial egg collector
A man has become the most convicted egg collector in
the UK after he pleaded guilty to possessing 75 birds’
eggs, including Schedule 1 little ringed plover and
kingfisher eggs, and egg-collecting equipment.
This was the eighth conviction for Gregory Peter Wheal,
who was awarded a four-month custodial sentence when
he appeared at Coventry Magistrates on 12 January 2006.
The court stated that Wheal had a habitual disregard for
the Wildlife and Countryside Act and the case had to
result in the maximum custodial sentence (four months
was the maximum as he pleaded guilty).
The West Midlands police discovered the eggs and other
items at Gregory Wheal’s home while they were
attending another incident. The relevant items were
seized and the RSPB was contacted to help with the
identification of the eggs, the examination of exhibits and
the subsequent interview of Wheal.
Pivotal to Wheal’s sentence was a string of previous
convictions going back to 1987. None of this information
was available to the police dealing with the case and
was provided by the RSPB's database. Once again, this
demonstrates the value of recording detailed information
about wildlife crimes. The RSPB was also able to provide
the CPS with a summary of all egg collecting cases where
custodial sentences had been awarded. Wheal is now the
ninth egg collector to have received such a sentence.
The case was mentioned in the regional and national
media – including on the Channel 4 news. The RSPB
would like to thank the CPS prosecutor Sanjay Jerath for
his help with this case.
In this issue: Finch trapper caught ● Gamekeepers fined ● Water vole
conviction ● Wild caviar trade suspended ● Black grouse decline
Off-duty CITES officials find illegal goods ● News roundup
PROSECUTIONS
Cambridge finch trapper caught
A Cambridge man who was trapping goldfinches in his
back garden has been prosecuted by Cambridgeshire
Police following a joint operation with the RSPB and
RSPCA. Mahfoud Abdessaid of Bannold Road, Waterbeach,
near Cambridge was given a conditional discharge and
ordered to pay £55 costs on 20 October 2005 after his
trapping operation was filmed by the RSPB.
Mark Thomas (RSPB)
RSPB officers were alerted to Mr Abdessaid’s activities in
2005 when a number of chardonneret traps containing
decoy goldfinches were noticed hanging on his shed. The
traps were covertly filmed by the RSPB and subsequently
Mr Abdessaid’s address was searched by a team of
Cambridgeshire Police officers. They were led by Sgt Alan
Wilkinson and assisted by RSPB and RSPCA officers as
well as Roger Caton – a cage bird expert.
Chardonneret traps are named after the French word for
goldfinch. They were commonly used in the past to catch
small birds and are still used illegally today. Wild birds
are attracted to the trap by the presence of a decoy bird
of the same species in the cage (see photo). They are
then enticed into the trap compartment attached to the
cage by the seed placed in it. When the bird lands on the
perch, the door snaps shut behind it, trapping the bird.
Six wild goldfinches and a greenfinch were seized, as
well as four chardonneret traps and other trapping
equipment. The birds were taken into care by the RSPCA
and eventually released back into the wild. Mr Abdessaid
pleaded guilty to five charges of using traps to catch
goldfinches, two charges of possession of traps and one
charge of possession of seven wild birds.
One of the chardonneret traps used in the case. The
decoy goldfinch can be seen in the cage on the right,
the trapping compartment is on the left
Man fined for destroying a
house martin nest
In August 2005, witnesses spotted Ronald Jackson of
Brigg Road, Filey, North Yorkshire, using a long-handled
broom to knock down a house martin nest from a house
belonging to his brother-in-law.
Mark Hamblin (rspb-images.com)
2
While destroying the nest, Mr Jackson was mobbed by
several agitated house martins. Two live young house
martins, incapable of flight, were later recovered from the
ground and were taken to a sanctuary for hand-rearing.
On 7 November 2005, Mr Jackson pleaded guilty at
Scarborough magistrates court to the destruction of a
house martin’s nest and was fined £400 plus £50 costs.
During interview, Mr Jackson admitted to intentionally
destroying the nest and clearing away the resulting
debris. However, he denied any knowledge of young
being present at the time of the offence.
PC Bilton, the Wildlife Crime Officer for North Yorkshire
involved with the case said, ‘This is a very important
result as unfortunately too often in the past these
offences have been overlooked or have failed to reach
court for a variety of reasons. It is essential that the
police, with the support and assistance of the other
agencies concerned in wildlife crime enforcement,
investigate these matters thoroughly to safeguard the
future of our countryside.’
Gamekeeper fined for shooting owl
recognized Palmer, and used a
mobile phone to call Wildlife Crime
Officer Phil Briggs. Within minutes
the Strathclyde Police helicopter was
searching the moor, but no one could
be found. Palmer was later detained
at his home, where clothing was
recovered matching the description
provided by the witnesses.
A gamekeeper has been convicted of
shooting a short-eared owl on a
Lanarkshire grouse moor in May 2004.
After a search of the heather, the two
witnesses found the bird, still alive
but badly injured. It died a few
minutes afterwards. They had
Palmer was convicted of killing a
short-eared owl under section 1(1)(a)
of the Wildlife and Countryside Act,
and fined £500. It was his first
conviction. He remains employed on
the estate. The area has a long
history of confirmed cases of bird of
prey poisoning and persecution.
Nigel Blake (rspb-images.com)
Mark Palmer, 23, gamekeeper for a
shoot on Abington Farms Estate (often
known as the Leadhills Estate)
appeared at Lanark Sheriff Court on
31 July 2005. Local bird of prey
workers Kenny Sludden and Peter
McHugh told the court how they had
seen a short-eared owl fly up from the
heather as Palmer drove across the
moor on a quad bike. They saw him
stop the bike, take out his shotgun
and walk towards the spot where the
owl had settled on the hillside. When
it flew up, he fired three shots at it,
and it fell to the ground. He collected
the spent shotgun cartridges, but
failed to find the owl.
Short-eared owls nest on the ground
in open areas with good cover such
as deep heather, and frequently hunt
in the daytime. Feeding almost
exclusively on small mammals,
particularly voles, they pose no
threat to game birds.
Conviction for gamekeeper
snaring badgers
After a three-day trial in November 2005, Steven Nigel
Harmson, 47, a gamekeeper on the Findrack Estate, was
found guilty of setting a snare to catch badgers and
failing to check his snares.
The crime was discovered when an RSPB investigations
fieldworker went to Corrennie Moor, Craigievar, near
Alford, following reports of crow cage trap abuse. He
discovered the remains of a fox in a snare and informed
the police. The fieldworker later returned to the moor
with police Wildlife Crime Officer David Fenton and RSPB
senior investigations officer David Dick. They then found
several animals dead and decomposing in snares
including two badgers, two roe deer, several foxes and a
rabbit. Harmson, who has worked on the estate for
fifteen years, is expected to keep his job.
accepted, because the RSPB did not obtain permission
from the landowner to be on the estate. However, the
Sheriff at Aberdeen Sheriff Court stated that this kind of
crime is so serious that it is in the public interest for the
RSPB to give evidence. Similar evidence has been
accepted in many cases throughout the UK, including
Scotland. This is a highly significant result that
contradicts the decision in the Peebles peregrine
persecution case (see Legal Eagle 43).
Pete Cairns (rspb-images.com)
A gamekeeper has been fined £1,200 after being convicted
of snaring offences under the Wildlife and Countryside Act
and the Protection of Badgers Act, following an RSPB
investigation in Aberdeenshire during August 2003.
RSPB investigations staff spent several hours giving
evidence during the trial. The lawyer representing Mr
Harmson argued that the RSPB evidence could not be
3
Suspended sentence for
internet trader
Recently retired Wildlife Crime
Officer Sgt Alan Roberts of the
Norfolk Police reports on a
significant case of illegal wildlife
trading over the internet.
‘On 2 December 2005, 19-year-old
Mark Rowland was sentenced to
eight months imprisonment,
suspended for two years, and 200
hours unpaid work. This followed a
guilty plea to nine charges under
COTES relating to trade in birds of
prey, owls and two unlawfully
imported black bears; one offence
under the Wildlife and Countryside
Act 1981 of advertising a number of
birds’ eggs and one offence of
attempted deception by advertising a
coyote skin as a wolf skin. He asked
for a number of other matters to be
taken into consideration.
Following intelligence suggesting
Rowland was trading illegally, I
started monitoring his activities until
April 2005 when an advert appeared
showing 24 ‘free eggs’ with the sale
of an Observer’s Book of Birds. The
species included Schedule 1 eggs of
a marsh harrier and barn owl. A
warrant was executed on his address
later that day and along with his
computer, a stuffed bear, a coyote
skin, two buzzards, a barn owl,
tawny owl, long-eared owl, kestrel,
sparrowhawk and a quantity of eggs
were seized.
Rowland initially protested that all
his items were old and did not need
paperwork, as suggested by many of
his adverts. Rowland had found an
easy way of making money from his
interest in taxidermy by buying and
selling on the internet. Within a year
he progressed into buying skins and
heads of black bears and other
animals from the USA and Canada,
importing them without CITES
documents and selling them for a
substantial profit on eBay. Once he
had established a contact with whom
he could trade, either selling or
buying, he would move off eBay to
avoid their restrictions.’
Alan Roberts
Selection of taxidermy seized
from Rowland
Other Norfolk internet cases
Two other internet trade cases have also been recently
dealt with by the Norfolk Police. One involved a sperm
whale tooth sold to a buyer in the USA for £175, though
it was seized before it could be sent. The offender initially
protested that it was old and therefore not subject to the
regulations. However, he accepted that he could not
verify its age and that he had advertised it as unworked.
He accepted a caution. Intelligence submitted as the
result of the search of his previous sales led to a man in
4
the USA being arrested for possession of snow leopard
skins and being fined $500.
The second was a man who advertised a stuffed longeared bat for sale (a Schedule 5 species under the
Wildlife and Countryside Act). He had apparently acted in
ignorance and had withdrawn his advert when told he
was breaking the law. He was cautioned.
Merseyside Wildlife Crime Officer Andy McWilliam
reports on a successful water vole case.
‘On 8 November 2005, following a trial at St Helens
Magistrates Court, Bett Homes (Northwest) Ltd was
convicted of two offences contrary to the Wildlife and
Countryside Act 1981. For the reckless disturbance of a
Schedule 5 species (water vole) and the reckless destruction
of shelters and places of safety the company was fined
£2,500 on each charge and ordered to pay £500 costs.
The case started following an incident at Nook Lane, Sutton
Moss, St Helens in September 2004, where Bett Homes
had a large housing development of over 200 houses. On
land next to the development was a nature reserve owned
by Groundwork, and part of the area is managed for its
wildlife value. The area is an important site for water voles,
whose habitat is protected by the Wildlife and Countryside
Act 1981 because of its vulnerable status.
David Kjaer (rspb-images.com)
Water vole
conviction
damage to the ditch and blamed sub-contractors who they
said had carried out the work without their knowledge or
consent. However, a witness told the court that the work
had been carried out on the instructions of Bett’s following
a meeting to identify the drainage problem.
In October 2004, Dr Paul Thomas, an ecologist for the
Environment Agency surveyed the site and found that a
ditch had been dredged and re-profiled. He concluded
that water vole burrows had been destroyed and
disturbance caused. The matter was reported to myself
and an investigation undertaken.
District Judge Lady Wickham said that she was satisfied
that a representative of Bett Homes had instructed subcontractors to carry out the work and that this was on the
assumption that Bett Homes had acquired the
appropriate consents and permission of the landowner.
Had they consulted with the landowners they would have
been made aware of the presence of water voles and by
failing to do so they had been reckless in their actions.
She accepted that Bett Homes had not ‘intentionally’
disturbed or destroyed the water vole habitat.
The court heard that the work had been carried out to
allow water to drain freely from Bett’s housing
development, but without the knowledge of the
landowners and against the land management plan. Dr
Thomas estimated it would take two years for the site to
recover. Bett Homes denied they were responsible for the
Dealing with a company and various levels of
management made this a protracted and difficult case to
deal with and I would particularly like to thank Dr Paul
Thomas from the Environment Agency and Paula
Grogan, from the CPS, for their assistance throughout
the investigation.’
NEWS
New arrest powers for all wildlife offences
As from 1 January 2006, Section 110 of the Serious and
Organised Crime Act 2005 has brought in new powers of
arrest for all offences in England and Wales. This makes
arrest possible under Section 24 of the Police and
Criminal Evidence Act 1984 (PACE) for any offence if one
of a number of conditions apply. The general police
powers of arrest under Section 25 PACE are now
repealed. The power of arrest needs to be justified and
exercised in a non-discriminatory and proportionate
manner. PACE Code of Practise G now covers these new
arrest powers.
All wildlife offences are now covered by this legislation.
There are a range of conditions that make arrest
permissible. The most relevant in relation to most wildlife
offences is likely to be Section 24(5)(e) PACE, namely ‘to
allow the prompt and effective investigation of the offence
or of the conduct of the person in question’. This could
include circumstances where it is necessary to obtain
evidence by questioning. Northumbria Police have
already used this power in relation to an ongoing
freshwater pearl mussel enquiry. Section 19(2) of the
Wildlife and Countryside Act 1981 has also been amended
and now gives the police power of entry on to land in
order to effect an arrest under Section 24 PACE. It is
hoped these new powers of arrest will improve the ability
to investigate many wildlife offences.
5
Northern Ireland tackles
wildlife crime
Wildlife crime, and particularly bird crime, in Northern
Ireland is known to be under-reported. In November
2005, the RSPB organised a seminar to bring together
those who could help tackle this issue. Attendees
included the Police Service (PSNI), statutory agencies
such as Environment and Heritage Service (EHS) and the
Department of Agriculture and Rural Development
(DARD), conservation organisations and bird of prey
group representatives.
While bird crime does not appear to be as common in
Northern Ireland as in the rest of the UK, there are
incidents of bird of prey persecution, particularly of
peregrines, as well as occasional disturbance or
destruction of hen harriers. Some bird trapping is known
to occur, while other wildlife crimes include badger
baiting, illegal lamping and hare coursing.
It was therefore with enthusiasm that the attendees
welcomed the announcement that the PSNI will
commence recruitment of a Wildlife Liaison Officer, a
post which has been vacant since the retirement of Chief
Inspector Mark Mason.
Since the seminar, it has been agreed that a sub-group of
PAW (Partnership for Action Against Wildlife Crime) will be
established in Northern Ireland, and membership opened
to all relevant agencies and organisations. The group’s
remit will be to aid the effective enforcement of wildlife
legislation in Northern Ireland. Likely actions will include:
establishing a contact network to provide advice,
information and expertise on wildlife legislation and its
enforcement; coordinating the collection of wildlife crime
information; and raising awareness of wildlife crime issues
with relevant agencies, organisations and the public.
For further information contact Mark Thomas
([email protected]) or Claire Ferry
([email protected]).
Trade in wild caviar suspended
On 3 January this year, the CITES
Secretariat announced that it was
unable to publish the 2006 export
quotas for caviar and other sturgeon
products, effectively banning the trade
until exporting countries provide more
information about the sustainability of
their sturgeon catch.
The international trade in all species
of sturgeon – the unfertilised eggs of
which form the highly prized delicacy
The conditions permitting caviar
exports are strict: countries sharing
sturgeon stocks, eg those bordering
the Caspian Sea, must agree on catch
Flip Nicklen (Minden Pictures FLPA)
6
– has been monitored by CITES since
1998, owing to concerns regarding
the impacts on wild populations of
unsustainable harvesting and illegal
trade. More than half of the 27
species are classified as endangered
by the IUCN.
and export quotas, based on scientific
surveys of the stocks, and adopt a
regional conservation strategy.
Importers too have important
obligations – they must ensure that all
imports are from legal sources and
domestic processing and repackaging
must be heavily regulated.
The announcement came after
information provided by the
exporting countries suggested that
many sturgeon species in shared
fishing grounds have suffered
serious population declines.
Although the proposed quotas are
lower than for previous years, the
CITES Secretariat expressed concern
that the reductions in stock are not
fully reflected and insufficient
allowance is made for illegal fishing.
The CITES Secretariat hopes that the
trade will resume once the missing
data has been supplied. A CITES
spokesperson said: ‘The CITES
regime is strong enough to ensure
that the trade in sturgeon products is
sustainable – but only if its rules are
fully applied.’
Enforcement strengthened
by new EU plan
In October 2005, as part of the UK Government’s
presidency of the EU, Defra and TRAFFIC International
(the wildlife trade monitoring network), hosted a three
day workshop on wildlife trade enforcement coordination. Attended by representatives of all 25 EU
member states, the objective of the workshop was to
identify practical solutions to improve co-operation
between member states on the enforcement of the EU
Wildlife Trade Regulation. A set of recommendations was
agreed, including:
●
●
●
developing an EU Action Plan with clearly defined
objectives, targets, outputs and timeframes
ensuring that penalties for wildlife crime are
sufficiently high across the EU
setting up formal channels of co-operation between
all bodies relevant to wildlife crime enforcement.
Jim Knight, UK Biodiversity Minister said that the plan
was a fundamental step in further protecting wildlife
from illegal trade, tracing wildlife criminals, and
protecting European countries from diseases like avian
influenza that could be carried by smuggled birds and
animals. He said: ‘The enlarged EU cannot become a
haven for wildlife criminals, and we need to make sure
this plan is fully implemented by all member states.’
Chris Gomersall (rspb-images.com)
●
appointing national focal points for the exchange of
intelligence and information
developing national procedures and Action Plans for
co-ordinating enforcement
●
Brent geese
Wild goose chase
Part time WCO Steve Cleaver, of the Essex Police Marine
Unit, reports on geese disturbance.
‘On 23 October 2005, I received a complaint from
birdwatchers who had been observing the arrival of
wintering brent geese at Two Tree Island, Leigh on Sea.
This area is designated a Site of Special Scientific
Interest (SSSI) because up to 7,000 brent geese arrive in
the autumn to feed on the eel-grass on the mudflats after
their long flight from Siberia. The birdwatchers were
horrified to see two speedboats being driven deliberately
and repeatedly into the flock causing them to scatter.
I contacted the RSPB for advice, who confirmed there
were probably no offences under Part I of the Wildlife
and Countryside Act and suggested I speak with English
Nature (EN) in relation to the site’s SSSI status.
Following consultation with EN, I traced one of the boat
owners and reported him for the offence under Sec
28P(6) of the Wildlife and Countryside Act 1981, of
recklessly disturbing the geese within the SSSI and I
passed the evidence to EN. The boat owner claimed to
be ignorant of the site designation and EN subsequently
sent him a warning letter. The Sec 28P(6) offence requires
EN to prove: that a person had prior knowledge that the
land on which he was carrying out the unauthorised
activity was within a SSSI; that the activity was reckless
or intentional and damaged, destroyed or disturbed any
of the special interest features of the SSSI. This incident
highlighted the need for good signing at the public
slipway to explain that this area is within an SSSI, and
plans are in hand for EN to rectify this.’
7
Peak Malpractice
A hard-hitting report into the
disappearance of birds of prey in
some areas of the Peak District has
been published recently by the RSPB.
Peak Malpractice highlights the
alarming facts behind the fortunes of
birds such as goshawks, hen harriers
and peregrines, particularly within
the northern section of the National
Park, known as the Dark Peak.
The continued decline in populations
of some of this area’s most
magnificent birds of prey and
evidence of illegal persecution, has
led the RSPB to call for urgent
action. The report calls for rigorous
enforcement of the law and for
loopholes that allow illegal activity to
be plugged.
The scale of decline is shocking and
to bird of prey experts there is no
natural explanation.
Volunteer fieldworkers have been
closely monitoring the fortunes of
birds in many of their territories for
several years and in many instances
adults have been present at the
beginning of the breeding season –
but then vanish mysteriously.
Scientific evidence and experience
from investigations and convictions
across the UK suggest that human
interference at the nest or the killing
of one or both of the adults is a
regular cause of failure. Sadly, we
fear what is happening in parts of the
Peak District may be another entry in
that sorrowful catalogue. In few
places have conditions for these birds
deteriorated so much or so rapidly.
Pete Cairns (rspb-images.com)
Local people and visitors to
Derwentdale and the north-east
moors of the Peak District are being
denied the full, rich experience of the
uplands – for some birds of prey and
badgers, this really is a matter of life
or death.
In the area highlighted in the report,
detailed monitoring shows that
● goshawks have much lower
nesting success than elsewhere in
Britain and have now been wiped
out as a breeding species in the
north-east moors of the Peak;
● successful breeding by
peregrines is now intermittent,
with a history of repeated nest
failures and unexplained losses
during the breeding season;
● ravens nest less successfully in
Derwentdale than in other areas
of Britain, including the nearby
White Peak;
● an inexplicably large proportion of
badger setts in woods adjacent to
grouse moors showed
unexpectedly low levels of activity.
The report does not lay blame at any
particular door. But if this part of the
Dark Peak is a no-go zone for some
of Britain’s most cherished wildlife, it
reinforces the urgent need for
statutory agencies, voluntary groups
and landowners to protect wild birds
and tackle any criminal activity
against wildlife with renewed vigour
and determination.
Copies of the report are available
online at
www.rspb.org.uk/peakmalpractice
8
A golden eagle’s body was discovered
by a hill-walker on a hilltop on the Isle
of Lewis at the end of July 2005.
Analysis showed it had been poisoned
with the pesticide carbofuran.
Carbofuran is one of eight compounds
listed in the Possession of Pesticides
(Scotland) Order 2005. Anyone in
possession of these commits an
offence under section 15 of the
Wildlife and Countryside Act, as
amended by the Nature Conservation
(Scotland) Act 2004. Such offences
carry a maximum penalty of a sixmonth jail sentence or £5,000 fine.
Following the discovery of the bird,
staff of the Scottish Executive
Environment and Rural Affairs
Department (SEERAD) and Northern
Constabulary Officers carried out
searches at four premises on the
island. Enquiries are continuing.
The motive for such a killing remains
unclear. It is many years since eagle
persecution was routinely recorded
in the Western Isles. This type of
crime now occurs mostly on and
around the grouse moors of eastern
Scotland where an average of one
eagle is known to die from poisoning
every two years and where
substantial areas of suitable golden
eagle habitat remain unoccupied. A
2003 survey, which checked all 697
known golden eagle breeding
territories in Scotland, found only
443 of them occupied, with declines
in occupancy very marked in the
Chris Gomersall (rspb-images.com)
Golden eagle found
poisoned
east. In contrast, the eagle
populations of the Western Isles are
known to be healthy and expanding.
Northern Constabulary and SEERAD
have appealed for anyone with
information to contact them.
WILDLIFE AND CONSERVATION NEWS
Strutting black grouse still in the red
Results of a national survey in 2005 have shown that the
UK population of black grouse continues to decline. The
UK population has fallen to less than 5,100 breeding
males, a 22% reduction since the last survey in 1995/6.
shooting, funds from an agri-environment scheme, run
by Defra, have helped black grouse by encouraging
landowners to plant native woodlands, restore traditional
hay meadows and reduce grazing pressure on moors.
The steepest declines occurred in Scotland, where
numbers dropped by 29%. However, the small population
in Wales increased by 39% following intensive habitat
management work, and in England, numbers were stable.
The RSPB hopes that the lessons learnt from large-scale
intensive habitat management in Wales can be applied to
Scotland in a renewed effort to reverse the decline.
In Wales, where the black grouse population has
increased, EU money is enabling land managers to help
the birds by creating more varied habitats on forest
edges. In northern England, where black grouse are
found on the fringes of moors managed for red grouse
The 2005 black grouse survey was a partnership project
between the RSPB, Forestry Commission Scotland, Game
Conservancy Trust, Defra and Countryside Council for Wales.
Chris Gomersall (rspb-images.com)
Black grouse were once found in many English counties
and, as recently as the 1960s, were seen as far south as
Exmoor and Dartmoor. Since then, the population has
retracted northwards. The biggest factors in the species’
decline are changes to land management and the fact
that commercial conifer plantations have matured. Black
grouse require a mosaic of habitats for nesting,
protection from predators, for feeding and for use as
mating sites. These complex habitat requirements, and
the sedentary nature of the birds, make them a difficult
species to help.
9
Speaking in Kenya in November 2005 at the eighth
Conference of the Parties to the Convention on
Migratory Species, UK Biodiversity Minister Jim Knight
asked the world’s governments to sign up to an
agreement that would protect migratory birds of prey
and owls throughout Africa and the Eurasian region.
More than half of the 60 species of migratory birds of
prey found in Africa and Eurasia are at risk of
extinction, threatened by shooting, poisoning, illegal
trade or habitat loss at some point within their
migratory range. The Convention promotes concerted
action among the range states of these species and
encourages the conclusion of global or regional
agreements where species need or would benefit from
international co-operation. The Minister said, ‘Birds of
prey are already protected in many countries but, for
migratory species, international co-operation is the
key to conservation.’
White-tailed eagle by Chris Gomersall (rspb-images.com)
International
co-operation
sought to
protect
migratory
birds of prey
INTERNATIONAL
Legislative progress in Belarus
Ruslan Novitsky, of Birdlife-Belarus, reports:
The RSPB and its counterpart in Belarus, Birdlife-Belarus
(APB), with funding from the EC TACIS Programme, have
advised the government in Belarus regarding the
synchronization of two new Belarus laws to the
Convention on the Conservation of European Wildlife and
Natural Habitats (Bern Convention) and the Habitat and
Bird Directives.
Focusing on the wording of the Law on Wild Animals
(LWA), and the Law on Especial Protected Natural
Territories (LEPNT), it was possible to simultaneously
revise their texts and to bring their interpretations closer
to that of the target European legislations. Currently they
10
are being transmitted for approval to the Parliament, and
then to the Council of Ministers.
The work on the LWA dealt with definitions of ‘wild animals’
and ‘migrating species’ and with methods of protection of
migrants. The outstanding issue remains its application for a
ban on spring hunting. The work on the LEPNT has resulted
in a near-alignment of the law with the terminology and
approaches corresponding to the Habitat and Bird
Directives. One outstanding issue is the introduction of the
Pan-European Ecological Network (N2000) into the national
legislation for which a separate law may be needed.
The process may help in the eventual ratification of the
Bern Convention by the Republic of Belarus.
NEWS
Off-duty CITES officials find
illegal goods
In late November 2005, the CITES Falcon Enforcement Task
Force met in Abu Dhabi, United Arab Emirates. During an
‘off-duty’ period, CITES Secretariat officials visited one of
the large shopping malls in the city and noted shawls on
sale that they suspected to be made from Shahtoosh, the
wool of the Tibetan antelope. Considered the finest wool in
the world, the demand for Shahtoosh has caused the
Tibetan antelope to be a prime target for poachers and the
species is now classified as endangered by the IUCN and
is listed on Appendix I of CITES.
It is encouraging to see that the work of the Met continues
to help CITES authorities in different parts of the world
combat illegal trade in specimens of Tibetan antelope.
Zhinong Xi (Minden Pictures FLPA)
Alerted to the find, the authorities of the United Arab
Emirates conducted an inspection on 11 December 2005
and a number of shawls were seized for closer
examination. Using the identification kit developed by
the UK’s Metropolitan Police Service in 2002, a laboratory
has since confirmed the presence of the wool of the
Tibetan antelope. In some shawls, Shahtoosh wool
appears to have been mixed with Pashmina wool. Further
action will now be taken against the trader.
Italian hunters detained in Slovakia
In November 2005, two Italian hunters were detained in
Slovakia after being caught illegally hunting waterfowl.
They had been using recordings of duck calls to attract
the birds – an illegal hunting practice – and had flouted
regulations put in place by the Slovakian authorities to
reduce the risk of avian influenza. Members of the
Society for the Protection of Birds in Slovakia (SOVS)
spotted the pair while carrying out a winter waterbird
census at the Hrusov reservoir near Bratislava, the most
important site for wintering waterbirds in the country. The
SOVS stated that blame should be apportioned to the
organisers of the hunt, who should have fully informed
their guests of the current hunting restrictions.
US smuggler jailed
On 26 January 2006, Thomas Cullen, 54, of White Plains, New York, was sentenced to four months in prison and fined
$1,000 following his conviction in September 2005 for illegally importing African birds of prey (see Legal Eagle 47).
Cullen had smuggled two black sparrowhawks into the US by exploiting an exception to the federal Wild Bird
Conservation Act that allows people to import pet birds.
11
Sparrow pays price
for disrupting
record attempt
Chris Gomersall (rspb-images.com)
In November 2005, a house sparrow
was shot dead after it knocked over
23,000 dominoes, carefully placed
for a world record attempt in
Leeuwarden, northern Holland. The
sparrow was trying to escape after
becoming trapped in the exhibition
centre holding the event. Fearing
that the bird would knock over more
of the four million dominoes, an
exterminator cornered it and killed
it with an air rifle.
A public outcry ensued and a tribute
website was erected in its honour. A
televised memorial service was held
before the successful recordbreaking attempt. The sparrow’s
body is to go on display at
Rotterdam’s Natural History
Museum, mounted on top of a box
of dominoes. The bird’s killer has
been fined 170 euros for shooting a
protected species.
AND FINALLY…
Joe Cairns
We are sorry to report that former Wildlife Crime Officer for
Kent, Joe Cairns, passed away shortly before Christmas
2005. Joe, who retired to live in Stratford-upon-Avon
several years ago, was a regular attendee during the early
years of wildlife crime conferences when they were run by
the RSPB. Long serving WCOs will remember him and be
saddened at this news. Joe was a good friend to the RSPB
and we send our condolences to all his family and friends.
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 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.
BirdLife
INTERNATIONAL
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secure a healthy environment for birds
and wildlife, helping to create a better
world for us all. We belong to BirdLife
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bird conservation organisations.
The RSPB
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Tel: 01767 680551
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For further RSPB publications and more information on wild birds and the law, visit www.rspb.org.uk/birdlaw
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232-0371-05-06