The RSPB’s investigations newsletter
July 2014 No 73
Legal Eagle
In this issue:
UK’s most prolific egg collector convicted yet again
Police go to halt lead theft from a roof – and discover stolen kestrel chicks instead
Off-roaders cause serious damage to sensitive conservation site in the Peak District
RSPB Scotland
The Black Isle –
a bird of prey massacre
News
News
RSPB Scotland
anonymous donor. The reward is
on offer for information leading to
the conviction of the perpetrator.
In Inverness on 12 April, there was
an unprecedented display of public
condemnation – a demonstration
by several hundred people against
the illegal persecution of birds of
prey. A motion condemning this
and other recent raptor persecution
cases was debated in the Scottish
Parliament on 6 May.
One of the other incidents that
prompted this debate was the
disappearance, in April, of a young
satellite-tagged white-tailed eagle,
in an area of grouse moor near
Strathdon, Aberdeenshire. The
previous summer, this bird had
been the first white-tailed eagle
to fledge from a nest in the east
of Scotland for more than 200
years, and it was hoped it marked
the beginning of a new phase in
the reintroduction project there.
RSPB Scotland’s Head of
The biggest threat
to birds of prey in
Scotland remains
the systematic
illegal killing ... in
areas intensively
managed for driven
grouse shooting.
Investigations, Ian Thomson, said:
“While the sudden ‘disappearance’
of any satellite-tagged bird is highly
suspicious, this particular incident
is of great concern as it is the fifth
eagle to disappear on this moor
in three years. The only body
recovered was that of a golden
eagle, confirmed poisoned, in
March 2011. This area of upper
Donside has become a black
hole for eagles.”
He added: “it is a bitter irony that
the tree holding what would have
been the first white-tailed eagle
nest in east Scotland, on an Angus
grouse moor, was deliberately
felled, at the beginning of 2013;
then the first chick to fledge
from an east Scotland nest also
disappears on a grouse moor.
“While the incident on the Black
Isle has been truly appalling, and
rightly condemned, it was unusual
in both the location, on lowland
farmland close to homes and
roads, and in the numbers of
victims uncovered. The biggest
threat to birds of prey in Scotland
remains the systematic illegal
killing, occurring month after
month, year after year, in areas
intensively managed for driven
grouse shooting. This is happening
out of the public eye, in remote
areas people seldom visit, but
it is having a continued impact
on some of our rarest birds.”
RSPB Scotland
One of 16 red kites found dead on the Black Isle
16 red kites and six buzzards have been killed – a significant setback for bird
of prey conservation. The carcasses were all found on the Black Isle, north
of Inverness. Despite a £27,000 reward, no arrests have yet been made.
The carcasses of the birds were
found scattered in farmland near
Conon Bridge in Easter Ross.
Testing by government laboratory
has confirmed that at least 15 of
the birds were poisoned.
The fragile population of kites
breeding in the north of Scotland
had already been severely limited
by persecution, which began
as soon as the species was
reintroduced to the area in1989.
Many birds were found poisoned
when they moved from the core
breeding area.
2
The loss of so many birds in this
one incident is a serious blow
to conservation efforts in the
area. It is also an upsetting and
emotional time for conservation
staff and anyone who cares about
conservation of raptors, especially
as a 16-year-old bird was killed.
RSPB Scotland’s Red Kite Officer,
Brian Etheridge, has spent 19 years
in conservation. He said: “This has
been the worst two weeks of my
life. I have worked with all the birds
– each one was ringed and tagged
by me. I was there at the very
beginning when they were only
a few weeks old and I was there at
the end when I went to collect their
bodies. It’s a huge mix of emotions;
I’ve gone from being very, very
angry to extremely sad. Some of
these birds I’ve known very well
and for a very long time.”
The incident has been greeted
with outrage, and a reward of
more than £27,000 has been raised
through contributions from the
RSPB, the National Farmers Union
(Scotland), Scottish Land and
Estates, contributors to justgiving.
com/wildlifecrimescotland and an
People were angry – several hundred people took to the streets of Inverness to protest about the
persecution of birds of prey, as news of the killings spread
3
Prosecutions
Prosecutions
Guy Shorrock (RSPB)
clearing, within a plantation on the
Swinton Estate in North Yorkshire.
Spring traps can be used legally
to control certain small mammals,
but they must be set under cover
to avoid non-targets animals from
being caught. An exposed spring
trap placed on a stump or post is
commonly referred to as a pole
trap. Pole traps have been banned
since 1904 and are synonymous
with the trapping of birds of prey,
which routinely use elevated
positions as a vantage point
when hunting.
The League reported the incident
to the RSPB Investigations team
who then visited the location on
2 June. A covert surveillance
camera was installed, and the
trap was made safe. On 4 June,
the covert camera recorded Waite
placing the spring trap back on
top of the stump and re-setting
the trap. Waite was again filmed
passing the set trap on 6 June
before removing it on 12 June.
During the surveillance period,
several incidents involving birds
landing on the edge of the stump
were recorded but fortunately,
no birds were caught.
The evidence was taken to North
Yorkshire Police and the RSPB
assisted the police when a warrant
was executed at Waite’s address.
The spring trap which had been
used as a pole trap was found at
the property during the search.
Waite was arrested and admitted
during interview to setting the trap
on two separate occasions, though
he claimed he was actually trying
to catch squirrels. However, not a
single squirrel was recorded in his
vermin records for 2013.
Although he entered a guilty plea
to illegally setting the trap on two
occasions, Waite denied it was set
for birds of prey. On 13 February
2014, a Newton Hearing was held
to try to establish his intent. The
court ruled that Waite had been
reckless in the setting of the trap.
RSPB would like to thank the
League, WCOs PC Gareth
Jones and PC Bill Hickson of
the North Yorkshire Police and
Kim Coley of CPS for their efforts
in this investigation. Watch a video
showing the trap site at: youtube.
com/watch?v=FCprRtkAgVo
Divine intervention
catches kestrel thief
The suspected theft of lead from a church roof had an unusual twist, and
police officers found themselves dealing with chicks, rather than metal.
WCO PC Chris Watson of the West Midland Police reports.
A gamekeeper from
North Yorkshire has
been convicted of
setting a pole trap,
following RSPB covert
surveillance after an
initial report from the
League Against Cruel
Sports.
On 10 December 2013, Ryan
Christopher Waite, 26, employed
by the Swinton Estate in North
Yorkshire, pleaded guilty to setting
a spring trap on two separate
occasions in May and June 2013
which was calculated to cause
bodily injury to a wild bird, contrary
to Section 5(1)(a) Wildlife and
Countryside Act 1981. Waite
was later fined £250 and ordered
to pay £105 costs.
On 31 May 2013, officers from
the League discovered a set
spring trap on top of an isolated
tree stump on the edge of a
4
Guy Shorrock (RSPB)
The waiting game
Waite caught on camera
re-setting his illegal trap
I went to St Mary’s the following
day, and found the kestrel nest site,
high up on the side of the church.
The chick thief had accessed it with
a makeshift and very dangerous
extended ladder – two ladders
strapped together with electrical
wiring! With help from the Green
Watch of Fallings Park Fire Service
and their far more suitable
equipment, the four chicks were
returned to rejoin the single
remaining chick which had been left
in the nest.
On the 19 June 2013, West
Midlands Police were called to a
report of metal thieves attacking the
roof of St Mary’s Church, Bushbury.
However, when they searched a car
parked on site, they were shocked
to find not lead, but four kestrel
chicks stuffed inside a bag lying in
the footwell. The birds were initially
taken to the RSPCA.
The parents accepted the return of
their missing offspring without any
problem. I kept an eye on them and
was delighted some five weeks
later when the chicks fledged. I am
particularly grateful for the help of
the fire service in returning the
chicks to the nest.
Chris Watson (West Midlands Police)
The pole trap set by Waite on the Swinton Estate
On 10 September 2013, Cogoo
Sherman Bowen, 38, of
Newhampton Road East, Whitmore
Reans, Wolverhampton, pleaded
guilty at Wolverhampton
Magistrates Court to the unlawful
possession of four kestrel chicks,
contrary to the Wildlife and
Countryside Act 1981. He was
ordered to pay a £210 fine and
adhere to a six-week curfew,
meaning he had to stay in his
home between 7 pm and 7 am
each night.
The fire service returned the four
kestrel chicks back to their nest
5
Prosecutions
Hugh Clark (BCT)
Guy Shorrock (RSPB)
Prosecutions
A brown long-eared bat roost was destroyed
Successful prosecution
for bat disturbance
Three of the four eggs found on show in Wheal’s house
RSPB Senior
Investigations Officer,
Guy Shorrock, reports
on the most convicted
egg collector.
A Coventry man firmly cemented
his place as the UK’s most
convicted egg collector with his
tenth and latest prosecution, three
more than any other collector.
On 3 March 2014, Gregory Peter
Wheal, 50, of Vinecote Road,
Coventry was found guilty at
Coventry Magistrates Court for
possession of four birds’ eggs,
contrary to the Wildlife and
Countryside Act 1981. He was
found guilty and fined £200 and
ordered to pay £320 costs.
In September 2013, PC Chris
Burnham of the West Midlands
Police went to Wheal’s home about
an unrelated matter, and saw four
birds’ eggs on display in his lounge.
6
10 out of 10
for “Greg the Egg”
These were seized, and I was asked
to identify them. There were two
guillemot eggs, one razorbill egg
and a mute swan egg. Guillemots
and razorbills are classified as auk
species. Based on the conditions
of the eggs, and having examined
eggs seized from Wheal on previous
enquiries, I felt it unlikely these
were taken by Wheal himself.
Wheal was interviewed, and stated
he was locally well known by the
nickname “Greg the Egg”. He had
been approached on two occasions
a couple of years earlier by people,
whom he was not prepared to
name, asking if he was interested
in having a few eggs they had kept
for a number of years. He claimed
the three auk eggs had been part
of a small collection he had received
in the 1970s, and given away a few
years later. He believed these were
old eggs, taken before the start of
the legislation, and therefore legal
to keep.
In court, he stuck to the same
basic story, but was unable to
satisfy the court over the
provenance of the eggs. Prior
to sentencing, the court heard
details of Wheal’s previous nine
convictions, supplied by the RSPB
Investigations database, stretching
between 1987 and 2007, from
courts around the UK including
Lerwick, Oban, Holyhead and
Norfolk. His previous two
convictions had resulted in
custodial sentences.
One roosting site of pipestrelle, and another of a brown long-eared bats,
were destroyed by a property developer. Investigating officer WCO Bill
Hickson, of North Yorkshire Police, reports.
On 7 January 2014, at Harrogate
Magistrates Court, property
developer Keith Seed, 56,
from Hartwith, North Yorkshire,
pleaded guilty to destroying two
bat roosts at a derelict barn at
Bishop Thornton near Harrogate.
He was converting the barn to
a house. He was fined £3,500,
ordered to pay £85 costs and
a £120 victim surcharge.
Seed had commissioned two
ecological surveys, which identified
the presence of small roosts of
pipistrelle and brown long-eared
bats in the barn. The survey
stated that a European Protected
Species Mitigation Licence was
needed before development work
started. In spite of this, Seed
carried out unlicensed works to
the barn, removing the roof and
strengthening the walls.
In July 2013, Dan McAndrew, an
ecologist from Harrogate Borough
Council, visited the site and
found the roof had been removed.
Mr McAndrew reported his findings
to North Yorkshire Police.
During his interview with the
police, Seed said the work had been
necessary from a health and safety
point of view, in order to prevent the
building from collapsing. He thought
it would be safe to do the work
during winter months after reading
part of the ecological survey results,
which said bats were not likely to
use the building during the winter.
Crown prosecutor, Caroline Midgley,
said that it was helpful that the CPS
were given advance warning of
this wildlife crime case. It gave
the prosecutor time to prepare,
so she could make the magistrates
aware of all the factors impacting on
the case. At the court hearing, the
magistrates’ attention was drawn
to an impact statement prepared by
Lisa Hundt of the Bat Conservation
Trust, the findings of the ecological
survey, and sentencing guidelines.
The magistrates said that the
defendant was a very experienced
developer, who should have been
aware of restrictions in force, but
proceeded without proper regard
or checking with anyone.
Destruction of bat roosts during
developments sometimes occurs
as developers seek to avoid the
costs of dealing legally with the
presence of protected species.
In this case, the defendant had
already gone to the expense of
commissioning ecological surveys,
but chose to ignore the conclusion.
The unlicensed works are thought
to have altered the planning status
of the building, which will cause
further expense for the developer.
In addition to the fine imposed by
the court, Seed appears to have
incurred a financial loss as a result
of his illegal actions.
7
Prosecutions
SASA
Metropolitan Police
Ivory trader fined
Prosecutions
A man has been fined just £1,375 despite admitting
to illegally trading ivory, whale and dolphin bone
and marine turtle shell online.
On 24 January 2014, Alick Brown,
30, from Worfield Street, Battersea,
pleaded guilty at Kingston Crown
Court to three counts, contrary
to Control of Trade in Endangered
Species (Enforcement) regulations
1997 (COTES), of selling and
keeping for sale specimens listed
in Annex A. He was fined £250
per count and £550 in costs, plus
£75 victim surcharge – a total of
£1,375. He was also ordered to
forfeit the items.
Red arrows show where dog saliva – and DNA – was recovered from the hare carcass
A thorough search of a wildlife crime scene and use of wildlife DNA testing
led to the conviction of two hare coursers, after it was proved that a dog
owned by one of the defendants was responsible for killing a hare during
a coursing incident. WCO PC Malcolm O’May reports.
On 20 December 2013,
John Gibson, 28, of Slamannan,
and William McPhee, 23, of
Maddiston, both from the
Falkirk area, were convicted
at Stirling Sheriff Court for a
contravention of Section 1(1)
Protection of Wild Mammals
(Scotland) Act 2002, and each
were given a £400 fine.
The allegation was corroborated
after both dogs were seen
panting heavily and covered
in mud, and so both men were
detained for questioning.
Ten months earlier, on 21 February
2013, the now Forth Valley Division
of Police Service of Scotland
received a call reporting hare
coursing on farmland near Stirling.
At the scene, officers found
evidence of fur, dog paw prints and
sliding marks in the mud. This was
followed by recovery of a hare
carcass, which had been left in a
hedge. The carcass was seized for
post mortem, and also for wildlife
DNA testing. Forensic wildlife DNA
testing was carried out at Science
and Advice for Scottish Agriculture
(SASA) by Dr Lucy Webster.
When they arrived, officers traced
two men walking through a crop
stubble field with two lurcher dogs
on leads.
8
Darkness was falling so I went
back, with other officers, at first
light the following morning, and
carried out a thorough search.
During a hare coursing incident, dog
saliva is transferred to the hare and
this saliva contains DNA. The dog
DNA evidence can be recovered
from the hare carcass and then
matched to a specific dog.
A post-mortem examination by
SAC Consulting Vetinary Services
confirmed the injuries to the hare
were consistent with dog bites.
In this case, the quick response of
WCOs to secure the scene and
preserve the DNA evidence gave us
the best possible chance of success
with this type of test.
A full dog DNA profile was recovered
from the hare carcass and this was
found to be an exact match with one
of the suspects’ dogs.
DC Louise Morris, of the WCU,
said: “These regulations are in place
to stop the threat to endangered
animals. As long as people are
trading in these animal parts, there
will be an appetite for the animals
to be killed. We are committed to
ensuring that anyone in London who
is illegally trading in endangered
animal parts is stopped”.
The World Society for the Protection
of Animals (WSPA) has been
working closely with the WCU
since 2012, and is a member of
Operation Charm 2, which focusses
specifically on tackling the illegal
trade in endangered species.
Metropolitan Police
DNA bites back
Metropolitan Police Wildlife Crime
Unit (WCU) detectives began
investigating Brown in May 2012.
HMRC raised concerns about two
companies, Arctic Antiques and Ice
Antiques, which were being run by
Brown under an assumed name,
and traded on eBay. WCU Officers
raided Brown’s home address in
September 2012, where they
recovered a number of items,
including raw whale and dolphin
bone and turtle shell, all listed
on Annex A of the EU Convention
on International Trade in
Endangered Species of Wild Fauna
and Flora (CITES) regulations.
They also recovered a quantity of
antique ivory. It is not illegal to trade
antique ivory that pre-dates 1947,
but Brown had been reworking
it to create new items, such as
walking stick handles and artwork.
Trading such reworked ivory is
illegal, unless you have obtained
an appropriate Article 10 Certificate
which Brown had not. In order
to combat the sale of ivory, eBay
implemented a ban on its sale
on the site, but Brown advertised
the ivory as ox bone in order to
avoid detection.
Items offered for sale included whale and dolphin bones, as well as
ivory and turtle shell
Larsen case “not proven”
After a nine-day trial at Stirling Sheriff Court, a verdict of not proven was
returned for five charges faced by gamekeeper James Marsh.
The charges Marsh faced had been
brought under the Wildlife and
Countryside Act 1981, and related
to taking and possessing a jay and a
tawny owl, unlawful use of a Larsen
trap, and two welfare offences in
relation to the birds.
The Larsen trap was found, on
1 April 2012, by a walker underneath
a crag on the Duntreath Estate. A
jay was in the decoy compartment
and a tawny owl had been trapped.
It was in poor condition, but later
recovered and was released. An
identification tag showed the trap
was registered to Duntreath Estate.
The walker told the Scottish Society
for the Prevention of Cruelty to
Animals (SSPCA) about the trap, and
there was concern that the jay was
being used deliberately as a decoy
to catch birds of prey. The court
heard detailed evidence about the
use of cage traps and problems with
raptors being caught in them. In
defence, Marsh stated the trap had
been lawfully set at another location
some weeks prior to its discovery
with the tawny owl. He claimed it
had been moved by an unknown
person and, despite searching, he
had been unable to find it at the
new location beneath the crag. He
could not account for the jay being
inside the decoy compartment.
9
Prosecutions
Prosecutions
On 14 January 2014, Christopher Wright and Jordan Frost, both of
Stoke-on-Trent, were fined £340 and ordered to pay costs of £1,100
after they admitted to recklessly damaging Leek Moors Site of Special
Scientific Interest (SSSI) in Derbyshire.
Having heard that significant,
long-lasting damage had been
caused at the site, the Magistrate
emphasised the importance of
holding people to account for
offences of this kind. They went
on to say that it was only the
defendants’ lack of means that
persuaded them against awarding
a much larger amount by way of
prosecution costs.
Janette Ward, Natural England’s
Regulation Director, said: “Whilst
Natural England
Natural England (NE) prosecuted
Wright and Frost after they
damaged the site, which is
legally protected for its blanket
bog habitat. In December 2012,
the defendants’ Land Rovers
became bogged down while
off-roading, creating ruts up
to 1 m deep and stretching
for 200 m. They submitted
postal guilty pleas to the
hearing at the High Peak
Magistrates’ Court.
this is a small proportion of the
whole blanket bog on the site, the
damage is significant as it is very
high quality habitat and the
landowner has worked very hard
to restore it to favourable condition.
The message is clear – if you
damage a SSSI knowingly or
unknowingly, you are breaking the
law. It is your responsibility to find
out whether there is any legal
protection for the land over which
you are driving”.
Sheila Abrams
Off-roaders fined for
damaging one of the
Peak District’s finest
conservation sites
Hermann’s tortoises are protected under CITES regulations
Tortoise trader convicted
A man has been sentenced for illegally trading tortoises, following
an investigation by Thames Valley Police. Investigating Officer WCO
PC Ian Whitlock reports.
On 24 February 2014, Graham
Martin, 37, of Furzemoors, Bracknell,
was sentenced to a 12-month
conditional discharge, and ordered
to pay £265 in costs, at Slough
Magistrates’ Court.
Martin, who runs Berkshire Reptile
Rescue in Bracknell, was arrested
in January 2013 and was charged in
February. He pleaded guilty to three
offences under the Control of Trade
in Endangered Species (Enforcement)
regulations 1997 (COTES), relating
to the prohibited sale and commercial
use of spur-thighed and Hermann’s
tortoises between February and
November 2012.
This is the first conviction under
this legislation in Thames Valley,
and supports the UK national
wildlife crime priority of tackling
illegal trade under the Convention
on International Trade in Endangered
Species (CITES).
Hampshire poacher round-up
WCO PC Steve Rogerson reports on a number of recent poaching cases.
The North Hampshire
Countrywatch team has been
working alongside rural Safer
Neighbourhood teams to secure
prosecutions against poachers
in their area.
The blanket bog suffered significant damage
10
On 22 January 2014, Lee
Cooper, 31, of Lebanon Road,
Southampton, and Walter Smith,
25, of Ringwood Road, Totton, both
appeared at Aldershot Magistrates
Court and pleaded guilty to entering
land at night as a trespasser with
the intention of taking game in
Quarley, near Andover. Cooper
was fined £825 and Smith was
fined £620. Two dogs involved
in the offences were ordered to
be forfeited and rehomed by the
police. A not guilty plea by a third
defendant was accepted.
In a separate case, on 14
January 2014, Morris Cole, 46,
of Fallowfield, Yateley, was fined
£165 plus court costs at
Basingstoke Magistrates’ court
after pleading guilty for daytime
poaching in Whitchurch. Three of
his dogs had been seized,
and the court ordered two
them to be forfeited.
These are the first of several
prosecutions by officers in
Hampshire, where courts have
ordered the forfeiture of dogs that
have been used in poaching or hare
coursing. The successful partnership
agreements put in place by the
force’s dedicated Countrywatch
officers allows forfeited dogs to
be rehomed across the UK, with
responsible owners.
11
Prosecutions
Taxidermist acquitted
Guy Clarke MBE
After a lengthy trial relating to trade and import of CITES listed specimens,
a taxidermist has been acquitted. WCO PC Rachael Krueger of the
Merseyside Police reports.
Guy Clarke, a Higher Officer with the Convention on International Trade in
Endangered Species (CITES) Enforcement Team at UK Border Force, has
been awarded an MBE for his services to conservation.
The allegation related to
fraudulently evading CITES
import restrictions on specimens,
including the skins and skulls of
caracals from South Africa,
between November 2010 and
June 2011, the purchasing of
an ocelot specimen, keeping a
caracal specimen for sale, and
selling a snowy owl specimen.
Brown denied an intention to use
them in a taxidermy business,
maintaining he was a hobbyist
and not a professional.
On 2 June 2011, a warrant under
COTES was executed at the home
of Brown and numerous specimens
listed on CITES were seized. One
of the specimens was an ocelot
skin that had been purchased on
eBay. The seller of this item, based
in Derbyshire, had accepted a
caution for the unlawful sale.
The age of the ocelot skin became
relevant. If it was prepared prior to
1947 it would be exempt from the
need for an Article 10 Certificate.
With the help of funding from the
PAW Forensic Analysis Fund (FAF),
a small sample of the skin was sent
to Professor Gordon Cook, head of
the Radiocarbon Dating Laboratory,
at the Scottish Universities
Environmental Research Centre
(SUERC). This testing established
that the ocelot died during the
nuclear era, placing its date of
death between 1961 and 1979.
My thanks go to the National
Wildlife Crime Unit (NWCU), Dr
Andrew Kitchener for identification
of cat skulls, the Animal Health and
Veterinary Laboratories Agency
(AHVLA) Compliance Team, PAW
and Professor Cook, for their help
in this case.
Guy, who is well known in the
wildlife crime enforcement
community, was recognised in the
New Year’s Honours list 2014, and
received his award at Windsor
Castle in March this year.
In 1985 he started with
HM Customs and Excise drugs
anti-smuggling team before joining
the CITES team at Heathrow in
June 1995.
Guy has been involved with PAW
since its inception and worked on
the Training and Forensic subgroups.
Royal Botanic Gardens, Kew
In December 2013, following a
six-day trial at Liverpool Crown
Court, Stephen Brown, 47, from
Blindfoot Road, St Helens,
Merseyside, was acquitted on eight
counts relating to the import and
trade in CITES listed species.
16 years, undertaken international
CITES enforcement training in
15 countries and co-wrote the
EU CITES training modules.
Guy has represented the UK at the
EU CITES Enforcement working
group in Brussels for the last 10
years and in the drafting of the
current EU Wildlife Trade
Regulations. He is also the UK
enforcement lead on timber issues.
The RSPB congratulates Guy
for this richly-deserved award.
He has helped deliver CITES
enforcement training in the UK for
Guy Clarke checking a shipment
of orchids.
PC Rachael Krueger (Merseyside Police)
Butterfly caution
A Devon man has been cautioned for offering to sell swallowtail butterflies.
John Markham (rspb-images.com)
On 20 June 2013, a warrant
was executed in Paignton, Devon,
regarding the potential illegal sale
of butterflies listed on Schedule
5 of the Wildlife and Countryside
Act 1981. WCO PC Marshall from
Devon and Cornwall Constabulary
was assisted by Alan Roberts from
the National Wildlife Crime Unit
(NWCU) and two experts from
Natural England, who assisted
with identification of specimens.
Radiocarbon dating indicated this ocelot skin was subject to the COTES regulations
12
News
Exhibits were seized and
photographs taken of a number
of butterflies and larvae present at
an address in Devon. A 59-year-old
man was interviewed by police
about the advertising and sale of
English swallowtail butterflies. He
was unable to provide any reliable
information to establish whether
they had been reared in captivity
or taken from the wild. The man
was later cautioned in respect of
the offence of offering to sell a
Schedule 5 wild animal.
Swallowtail butterflies – the largest of the British butterflies – are
protected under the Wildlife and Countryside Act 1981
13
News round-up
News
We briefly report on a number of wildlife crime related news
items, including the PAW Seminar, NWCU funding and the
London Wildlife Trade Conference.
Guy Shorrock (RSPB)
Wildlife enforcers gather at Kew
Wildlife enforcement practitioners
and partners from across the UK
gathered at the annual PAW
Seminar at Kew gardens on
12 March 2014. The winner of
the 2013 PAW Partner of the Year
award was announced as Ian
Hutchison of Scottish Badgers.
Pete Charleston was
presented with a Certificate
of Commendation, recognising
his achievements as the Bat
Conservation Trust’s investigations
officer. Both awards were
presented by Tom Huggon
of the sponsors, Browne
Jacobson Solicitors.
NWCU funding announced
The Home Office and Defra will
be providing £500,000 of funding
for the National Wildlife Crime Unit
(NWCU) until 2016. This should
give the unit the security it needs
to make strategic plans to tackle
wildlife crime priorities. NWCU
head, Nevin Hunter, said that
the unit would be refocusing on
intelligence to identify the UK’s
top wildlife criminals. Wildlife
crime is now recognised as a
national threat by the police, and
compliance with the Serious and
Organised Crime Strategy would
help the Unit draw support from
the National Crime Agency.
London Conference on Illegal Wildlife Trade
The illegal wildlife trade problem is
huge – and getting worse. At least
22,000 elephants were killed in
2012, and there has been a huge
increase in rhino poaching.
on 13 February 2014. The Prime
Minister hosted the conference,
which was attended by
representatives from more
than fifty governments.
The human cost is illustrated by
the fact that more than a thousand
rangers have been killed by
poachers in the last decade.
Outputs included 25
actions designed to increase
enforcement efforts, reduce
trafficking, and support the
development of sustainable
livelihoods. Visit gov.uk/
government/uploads/system/
uploads/attachment_data/
file/281289/london-wildlifeconference-declaration-140213.
There is a sense that the global
response to this crisis has lacked
co-ordination, so the UK
Government organised the London
Conference on Illegal Wildlife Trade
14
pdf for a PDF of the declarations
decided by the conference
delegates. There will be a follow-up
conference in Botswana in 2015.
In addition, the UK’s Commitment
to Action on Illegal Wildlife Trade
was published on 5 February.
It sets out out what the UK is
doing to tackle the illegal trade.
Visit gov.uk/government/
uploads/system/uploads/
attachment_data/file/277772/
pb14129-commitment-actionillegal-wildlife-trade.pdf
for more information.
After welcoming the 1,000th student to the wildlife law enforcers course,
former Warwickshire Police WCO, Craig Fellowes, gives us some details.
In 1997, the first and only nationally
recognised training course for
wildlife law enforcers began. 17
years later, the course is still going
strong, and the 1,000th student
enrolled on the course in April.
Historically, training in wildlife and
environmental law enforcement
was ad hoc and arranged by private
individuals or police forces until
1997. To address the inherent
inconsistencies in this system,
a Training Needs Analysis was
completed in 1996, which revealed
an enormous desire for training
on a whole range of issues. This
led the Wildlife Law Enforcement
Steering Group to researching the
possibility of running a generic
training course. Warwickshire
Police established and ran the
first course in 1998, and has run
two courses a year ever since.
Unit (NWCU), the RSPB,
RSPCA, Joint Nature Conservation
Committee (JNCC), Royal Botanic
Gardens (RBG) Kew, Bat
Conservation Trust (BCT),
The League Against Cruel
Sports (LACS), UK Border
Agency, and others.
The course has been run
successfully at the Police
Staff College at Bramshill, but
these premises are being sold.
It will continue to run from
a new home, and a potential
venue is being explored in central
England. The week-long course
covers a wide variety of subjects,
and costs £750. Its main aim is:
“to equip officers with the ability
to undertake investigations
in a safe and efficient manner,
within a multi-agency framework
where appropriate.”
Want more info?
Contact Craig Fellowes at
[email protected]
Craig Fellowes
Pete Charleston (right) receiving
his Certificate of Commendation
from Tom Huggon of Browne
Jacobson Solicitors during the
PAW Seminar
The National Police WCO
foundation training course
reaches a landmark
Following the success of the
Warwickshire Police course, the
Ministry of Defence Police carried
out a similar course at their
headquarters in Essex in 1999,
and has also run two courses
a year since. It was decided that,
from 2005 the two training courses
would be merged and there would
be two courses each year. The
course has never been as popular
as it is now, with a high level of
uptake. It is undergoing a full
review, and possibly has potential
for further accreditation, beyond
the recognition of PAW and ACPO.
The course could not have been
so successful without valuable
contributions and support from
partners, notably Natural England
(NE), The National Wildlife Crime
1,000th student, Jez Moore, of Staffordshire Police, collecting his
award from Chief Constable Alex Marshall (College of Policing)
15
News
News
Daniel Hall at Scottish Government
Lancs and Cumbria join
forces for WCO training
Under a new initiative, Lancashire and Cumbria have created a new joint
specialist wildlife crime training course. The first week-long course trained
30 Wildlife Crime Officers.
Officers from Lancashire and
Cumbrian forces attended a
week-long course at Lancashire
Police headquarters.
They received specialist training
on a wide range of wildlife crime
topics, including illegal trade in
endangered species, badgers, birds
and the law, poaching and traps,
poisons and pesticides, intelligence
issues, firearms, hunting and
European Protected Species.
Officers received inputs from
representatives from Natural
England (NE), National Wildlife
Crime Unit (NWCU), Environment
Agency (EA) and some
non-governmental agencies
including the Royal Society for the
Prevention of Cruelty to Animals
(RSPCA), the British Association for
Shooting and Conservation (BASC)
and the League Against Cruel
Sports (LACS).
“By pooling our resources we can
focus on the issues that affect our
respective Force areas.
This is the first regional wildlife
crime course that the forces have
run and by working together they
were able to tailor the course to
their needs and priorities.
Lorraine Ellwood is the new
Wildlife and Rural Crime Officer
for Lancashire Police. She said:
“The feedback from officers
attending course has been
extremely positive. We hope
to develop the training and hold
additional courses in the future.”
ACC Bates of Lancashire Police
opened the course. He said:
“We take wildlife crime seriously.
“The training will give officers the
knowledge and skills they require
to investigate crimes involving
wildlife effectively.”
MSP Paul Wheelhouse (centre) with Guy Shorrock (RSPB) and Lucy Webster (SASA)
NCWU
New Wildlife Crime
Forensic Guide launched
An updated version of the forensic guide, first produced in 2005, has been
launched by Paul Wheelhouse MSP, The Minister for Environment and
Climate Change. It was launched at the Scottish Wildlife Crime Conference
at the Scottish Police College, Tulliallan, in April 2014.
The PAW Forensic Working
Group (FWG) produced the
guide to outline the range of
forensic and specialist methods
that can be considered and used
during wildlife crime investigation.
Sections of the guide have
been extensively updated
with many new case studies
demonstrating how new
techniques have been applied.
Lancashire Wildlife Crime Officers examine a dead bird during a training scenario about pesticides
16
RSPB Senior Investigations Officer
Guy Shorrock undertook the update
of the guide, supported by the
other members of the FWG.
The FWG would like to
acknowledge the advice,
assistance and photographs
provided by a number
of individuals.
Addressing the conference, Paul
Wheelhouse said: “This guide is
an invaluable tool for enforcement
officers, providing information on
the range of forensic techniques
available and using case studies to
illustrate their application. Guidance
is provided from the initial
examination of a crime scene to
providing advice on how to select
the right laboratory to carry out
testing. The DNA section reflects
the work undertaken at SASA since
the Scottish Government had the
foresight to make free wildlife DNA
testing available in Scotland. That
work has already been instrumental
in a number of prosecutions.”
A copy of the guide has been
distributed to a wide range of
people involved with wildlife crime
investigations. It is also available
online at pawfwg.org
17
News
News
Abbey Vets
Introducing the new Head of
the Metropolitan Police WCU
Detective Sergeant Adam Dean tells us about his background and
explains why he is so pleased to be leading the Wildlife Crime Unit.
This x-ray of the goshawk showed both legs were fractured
Raptors suffer yet more
persecution in Peak District
Abbey Vets
Bird of prey
persecutions
blight the Peak
District National Park.
This buzzard was fatally injured in a spring trap
18
team of Field Intelligence Officers,
which, among other tasks, supports
police operations combating gun
and drug crime committed by gangs
in South London. I was delighted to
be asked to join the WCU following
the retirement of Sergeant Ian Knox
and look forward to bringing my
personal area of expertise into the
Wildlife Crime arena, as well as
continuing with my other work.
I have been a supporter of the RSPB
for a number of years and have
regularly visited the RSPB site at
Rainham in Essex. I have strong
family ties to the West Coast of
Cornwall, especially Hayle, and
visit the estuaries there, while
also observing the sea life such as
dolphins, seals and basking sharks.
Metropolitan Police
An x-ray of the goshawk shows the extent of the injuries to its leg
I joined the Metropolitan Police in
1989 and was posted to the King’s
Cross area of London near to where
I was born and raised. After a short
period in uniform, I was attached to
the CID, dealing with the drugs and
prostitution problem in King’s Cross.
I became a Detective Constable in
1995, working mainly in East
London serving with burglary,
robbery and drugs squads as well as
high profile murder cases. In 2002,
I became a Detective Sergeant,
specialising in covert operations:
mobile and static surveillance, and
undercover deployments. For the
last two years I have supervised a
Detective Sergeant Adam Dean
On the trail with the
Wildlife CSI Team
“Have you ever tested the DNA of a barn owl? Or, alternatively, tried to
link an offender to a badger sett through a discarded beer can? We have!”
Frances Senior, of the newly-created Wildlife CSI Team, explains.
In February, a buzzard was found
fatally injured, with a spring trap
still attached to its leg near Winscar
Reservoir. Then, in April, an adult
female goshawk was found dead
on the Chatsworth Estate with
broken legs, consistent with illegal
trapping. Goshawks have suffered
intense persecution in the Peak
District National Park. The breeding
population of goshawks has been
decimated in the last 15 years, with
a 65% drop in numbers.
The new Wildlife CSI Team
is drawn from crime scene
investigator (CSI) supervisors
and investigators from West
Yorkshire, South Yorkshire, North
Yorkshire and Humberside Police,
and is part of the Yorkshire and the
Humber Scientific Support Services.
Both incidents are being
investigated by the Police and
the RSPB. Rewards for information
are on offer.
Wildlife crime is a very serious
crime and is treated as such.
The team can provide experience,
information and assistance to
officers when dealing with wildlife
crime scenes. They can take tyre
impressions, DNA samples from
animals and other evidence, which
could enable officers to forensically
link scenes to other scenes. They
also have presumptive blood testing
kits to identify animal blood.
It can often have links to organised
criminal networks and other serious
crime. When we investigate these
Another important aspect is the
role of the Area Forensic Manager
(AFM) to co-ordinate the forensic
The team is made up of people who
work as CSIs, and then volunteer
their specialist services when the
need arises.
crimes, we can apply the same
principles of forensic science as
we would any other job. Wildlife
crime is on the national agenda
and is a concern to the wider public.
aspects of the case. The AFM will
use their knowledge of dealing
with complex cases such as
homicides, together with a wide
range of forensic techniques and
scientists to prepare a forensic
strategy for investigators to utilise
a wide range of specialisms to
underpin an enquiry.
The Yorkshire and the Humber area
is geographically very large and
diverse in terms of wildlife. I believe
the collaboration of CSIs in the region
and sharing of knowledge between
us in relation to wildlife crime is a
very positive step and will enable
us all to learn from each other and
provide expertise that may previously
have not been considered.”
19
News
International
Chris Gomersall (rspb-images.com)
Raptor crime leaflet
A new leaflet, aimed at cutting the levels of bird of prey crime, has been
launched in Northern Ireland.
On 8 March 2014, at the annual
Northern Ireland Raptor Study
Group (NIRSG) conference at
Oxford Island Nature Reserve,
a new bird of prey leaflet was
launched by the Partnership for
Action Against Wildlife Crime (PAW)
Northern Ireland. It encourages
members of the public to record
and report suspected cases of
raptor crime directly to the Police
Service of Northern Ireland (PSNI).
Dr Eimear Rooney, recently
appointed as Raptor Officer,
with NIRSG, said: “Disappointingly,
our volunteers detect incidents of
raptor crime each year, particularly
of peregrine falcons and buzzards
being poisoned or shot. Some of
our rarer species, such as the hen
harrier, are still threatened by
habitat destruction, with several
known nest sites having been burnt
out during uncontrolled heather
fires in recent years. It is important
that our volunteers and the wider
public learn how to detect and
report raptor crimes so we can
minimise the effects of illegal
activities on their populations.”
Adam McClure, the RSPB
Conservation Project Officer for
Northern Ireland Red Kites, and
Bob Elliot, head of RSPB
Investigations department, issued
a joint statement. It said: “This
issue is of critical importance to our
native raptors and notably to the
reintroduced red kite population.
Over the last 12 months, we
have lost four red kites to illegal
poisoning including the deaths of
adult birds but also red kite chicks
still at the nest. We must deploy
every available tool in the ongoing
fight against wildlife crime and it’s
vital that everyone is encouraged to
report these crimes to the police.”
The new leaflet is aimed to
disseminate information, and
particularly improve awareness,
detection and reporting of raptor
crime throughout Northern Ireland.
Crime prevention through
education and awareness raising
plays a vital role in reducing
criminality and anyone with
information on raptor crimes are
urged to contact their local PSNI.
PAW NI
Within living memory, during the
1960s, Northern Ireland lost its
last breeding golden eagles, from
Fairhead in Co. Antrim. It is
believed persecution, habitat
loss, negative human attitudes
and disturbance have all played
a key part in the loss of some of
the breeding raptor species over
the past 200 years. Among others,
breeding white-tailed eagles,
ospreys and red kites were lost,
along with nearly all buzzards.
Over time, some of these species
have recovered naturally or via
reintroduction programmes and are
hailed as conservation successes.
However, each year illegal incidents
of shooting or poisoning are
recorded, and undoubtedly the
incidents detected may only be
the tip of the iceberg.
Despite a reintroduction programme, white-tailed eagles are struggling to become
re-established in Ireland
Irish-bred eagle found
shot dead
A rare eagle has been found shot dead in north County Tipperary.
An X-ray of the male white-tailed
eagle showed its body holding
between 45 and 50 shotgun pellets.
A post-mortem examination showed
the impact broke one of the bird’s
legs and wings, but it managed to
survive several weeks before dying.
The new leaflet is aimed at cutting crimes against bird of prey in Northern Ireland
20
of Lough Derg in January. The
carcass was found in March 2014.
The bird was one of two young,
reared by a mating pair at a nest
on Lough Derg in County Clare.
The Irish government said the body
was found after information was
supplied to the Department of
Arts, Heritage and the Gaeltacht’s
National Parks and Wildlife service.
The death has caused outrage
amongst conservationists and
politicians in the Republic of Ireland.
It successfully flew from its nest in
July 2013 along with its sibling and
was last seen on the Tipperary side
White-tailed eagles are protected
under the Republic’s Wildlife Act
(1976), and it is an offence to shoot
or otherwise harm the species.
The Irish white-tailed eagle
reintroduction programme released
100 of the birds between 2007 and
2011. The incident represents
a serious blow to the country’s
eagle reintroduction programme,
which has already been blighted
by a series of poisoning incidents.
This was the first time in more
than 100 years that white-tailed
eagles had hatched and fledged
in Ireland, and only one pair has
bred so far.
21
International
International
US FWS
Spring hunting in Malta
– as grim as ever
RSPB Investigations Co-ordinator, Alice Tribe, volunteered for BirdLife
Malta’s (BLM) 2014 Springwatch camp, and asks if this was the last
spring hunting season. She tells about her experiences.
During this camp, migration seemed
to be slow for both these species.
Whenever a turtle dove appeared,
it was shot at immediately by many
hunters waiting for a prize.
I have never seen a turtle dove in
the UK. I wondered: how much
money do we, the RSPB, as well as
countless other NGOs, spend on
turtle dove conservation projects
alone, just for them to get blasted
out of the sky in Malta? But turtle
doves and quails are far from being
Nik Barbara (BLM)
As a volunteer heading to the annual
BLM spring hunt camp, I knew – as
did all the volunteers – that I was
likely to face distressing scenes,
as I headed to the only European
country where spring hunting is
legal. Hunters can legally shoot
turtle doves and common quails,
but no other birds. In the UK, these
birds have the conservation status
of red and amber respectively. Red
is the highest conservation priority,
needing urgent action. Amber
is the next most critical group.
the only targets, although they are
the only legal targets. During the
three weeks of the open season,
BLM took in 18 injured birds. All
were protected species. All shot.
BLM staff and volunteers saw other
protected species being shot at, too
– birds that, from their damaged
plumage, obviously had been shot,
but had survived. The Montagu’s
harrier pictured, although still alive,
was injured so badly that it had to
be euthanased. On my last day in
Malta, I saw a swallow with
a badly damaged left wing, clearly
struggling to fly.
There is some good news though.
BLM, along with 12 other Maltese
NGOs, have formed the Coalition
for the Abolishment of Spring
Hunting group. It has collected
44,000 signatures from people who
oppose spring hunting. As a result,
a referendum will be held in Malta
in 2015, and this might lead to the
abolishment of the spring hunting
season. Hopefully, the people of
Malta will make the most of this
rare opportunity to make history.
Chris Packham was in Malta at the
same time as me. He funded a BBC
film crew to record events and
post video diaries to his website
chrispackham.co.uk every evening
during the camp. His videos were
great publicity, and in seven days
his campaign raised £55,000 for
BLM. As we go to press, it’s still
ongoing, and the money will fund
campaigning and lobbying until
after the vote.
This Montagu’s harrier was later euthanased after suffering severe
gunshot injuries
22
Visit www.birdlifemalta.org for
more information about spring
hunting, the referendum, or to find
out how you can help the campaign.
Some of the taxidermy specimen birds originated in the UK
International co-operation
leads to US seizure
Some 148 taxidermy bird specimens have been seized from a man in
Connecticut by the Office of Law Enforcement in the US Fish and Wildlife
Service (FWS).
The birds, valued at $30,000
(about £17,800), were being
held in violation of US legislation:
the Migratory Bird Treaty Act and
Endangered Species Act.
The seizure came as a result
of intelligence uncovered by
the National Wildlife Crime Unit
(NWCU) during an investigation in
the UK. US FWS agents uncovered
the haul when they were onducting
enquiries on behalf of the NWCU.
The seizure included mounts that
had been illegally imported into
the US, some having originated
in the UK.
Andy McWilliam from the
NWCU said: “The number of
times the NWCU is working with
Enforcement Agencies from other
countries is steadily increasing.
This is another excellent
result, which is based on close
co-operation. It shows what
can be achieved by following
the agreed protocols to secure
international evidence”. Court
proceedings are pending in
the UK.
The NWCU thanks FWS Special
Agent Tom Ricardi, and the National
Crime Agency’s John Gill for his
co-operation on this and many
other international inquiries.
23
and finally…
Nevin retires
Sue Eddy, Senior Analyst at the NWCU,
acknowledges the work of DI Nevin Hunter,
who retired in June 2014.
Nevin will be sadly missed by
anybody who has had the pleasure
of working alongside him. His
retirement is a severe loss to the
wildlife crime community.
He spent 25 years with the Devon
and Cornwall Police, and was a
Wildlife Liaison Officer from the
early ‘90s. In 2001, he won the
WWF Wildlife Enforcer of the
Year award. Nevin was Head of
Compliance in Animal Health’s
Wildlife Licensing and Registration
Service, and he transformed the
service. In February 2012 he
became head of the National
Wildlife Crime Unit (NWCU).
His knowledge of wildlife crime is
second to none, and combined with
his drive and professionalism, he
drove the NWCU to establish a
range of practices that cemented
their reputation as a centre for
excellence for wildlife crime
enforcement. These practices
include a fortnightly intelligence
bulletin, a new website and work
on organised crime groups.
Guy Shorrock (RSPB)
Nevin recognised the problem of
increasing UK trade in rhino horn
and pushed to make this a UK
priority with the tightening of
government sales controls.
Nevin was instrumental in
co-ordinating the UK response
to Interpol’s Project PREDATOR,
tackling big cat poaching, by
sending UK professionals to
deliver training abroad.
Nevin Hunter will be missed
In addition, Nevin was involved
with the PAW Forensic Working
Group, and the highly regarded
CITES Fact File.
PAW
PAW is The Partnership for Action
Against Wildlife Crime, a multiagency body of organisations
involved in wildlife law
enforcement in the UK.
PAW provides opportunities for
statutory and non-governmental
organisations to work together
to combat wildlife crime, and to
promote the enforcement of wildlife
conservation legislation, particularly
through supporting the networks
of Police Wildlife Crime Officers
and officers from HM Revenue and
Customs and the UK Border Agency.
Want more info?
Visit defra.gov.uk/paw
The RSPB
UK Headquarters
The Lodge, Sandy, Bedfordshire SG19 2DL
Tel: 01767 680551
Scotland Headquarters
2 Lochside View,
Edinburgh Park, Edinburgh EH12 9DH
Tel: 0131 317 4100
Northern Ireland Headquarters
Belvoir Park Forest, Belfast BT8 7QT
Tel: 028 9049 1547
Wales Headquarters
Sutherland House, Castlebridge,
Cowbridge Road East, Cardiff CF11 9AB
Tel: 029 2035 3000
Write to be read
WCO
We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives,
news, events and prosecutions in your force. Send your articles and mailing list updates 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 or PAW.
The RSPB is the country’s largest nature conservation charity, inspiring
everyone to give nature a home.
KEEPING
The RSPB is a member of BirdLife International, a partnership to
give nature a home around the world.
CRIME OFFICERS
The RSPB is a registered charity: in England and Wales no. 207076,
in Scotland no. SC037654.
WILDLIFE
INFORMED
Cover photo: Edwin Kats (rspb-images.com) 232-1880-13-14
For more information on wild birds and the law, visit rspb.org.uk/birdlaw
24