Legal Eagle 69 - RSPB

LEGAL EAGLE
THE RSPB’S INVESTIGATIONS NEWSLETTER
FEBRUARY 2013 No 69
Ernie Janes (rspb-images.com)
MPS’ CALL TO GOVERNMENT:
GET TOUGH ON BIRD
OF PREY KILLING
An influential group of MPs is challenging the government to implement
laws that would help protect birds of prey from illegal persecution.
The committee chair said there was “overwhelming evidence” for
making immediate changes.
W L O
IN THIS ISSUE: One of England’s few hen harriers shot dead • Serving
police officer caught with wild birds’ eggs • Island sanctuary disturbed
• Up to 12,000 amur falcons killed every day in India’s shocking massacre

(continued from front page)
PROSECUTIONS
The House of Commons Environmental Audit Committee (EAC)
published the results of its inquiry into wildlife crime in October.
It found that hundreds of birds of prey have been deliberately
poisoned with substances, some of which have no legal
use, such as carbofuran. The committee concluded that the
Government could easily make possession of these poisons
an offence under legislation that has been on the statute
book since 2006: the Natural Environment and Rural
Communities Act.
Committee Chair, Joan Walley MP, said: “Birds of prey are
being systematically killed in this country by poisons that have
no legal use, because the Government has failed to make it an
offence to possess those substances. Brand new legislation is
not needed to criminalise possession of those poisons. Existing
legislation already allows an Order listing them to be tabled in
the Commons within days. I challenge the Government to
examine the overwhelming evidence on this and make this
simple change by the end of the month – it would be an easy
win for wildlife.”
The Committee criticised the Government over the need
for longer-term funding for the police National Wildlife Crime
Unit (NWCU), the Crown Prosecution Service (CPS) for failing
to train its prosecutors to handle complex wildlife cases, and the
lack of sentencing guidelines on wildlife offences so that some
offenders are being neither punished nor deterred by the courts.
Joan Walley said: “The Government needs to back up the
police on the front line against wildlife crime. We are not
recommending that they spend more money; we are
recommending that they give specialist wildlife police
more long-term funding certainty, so that the police can
avoid a hand-to-mouth existence and the splintered
arrangements that hamper efforts on the ground.”
The Committee urged the Government to consider introducing
an offence of vicarious liability for bird of prey persecution,
making landowners in England and Wales responsible for the
activities of gamekeepers and others who work on their land.
This offence already exists in Scotland.
The RSPB welcomed the EAC report and urged the
Government to implement the recommendations in full.
Martin Harper, the RSPB’s Conservation Director said:
“The sustained illegal killing of birds of prey across the UK
is shocking, not only in its scale but also its audacity. Our
own report, Birdcrime (page 10), shows that in 2011, there
were 202 reports of shooting and destruction of birds of
prey, and one hundred reports of poisoning incidents,
involving 70 individual birds or animals.
“We are delighted that the Environmental Audit Committee
shares our concerns about wildlife crime – particularly those
affecting birds of prey. We urge the Government to heed this
advice and we trust it will now take the lead on consigning
these acts to history. The Committee has clearly signalled that
the game is up for wildlife criminals and it’s time for a step
change in wildlife crime enforcement.”
RSPB figures, published in the EAC report, show that of the
152 people who have been convicted of offences against all
birds of prey under the Wildlife and Countryside Act 1981
since 1990, 70% were gamekeepers. This backs up further
official reports, published by the Scottish Government and
Joint Nature Conservation Committee (JNCC), which show
that illegal persecution is the main reason UK golden eagle
and hen harrier populations are not recovering to their full
potential. Government research shows the potential for more
than 300 pairs of hen harrier to nest in the English uplands.
In 2012 only one pair bred in England.
RSPB
It’s not PC!
A serving policeman was found with 650 wild
birds’ eggs, stolen from nests during a 10-year
collecting spree.
In June 2012, RSPB Investigations assisted Norfolk
Police professional standards officers to execute a
search warrant at Brook House, Sotherton, Suffolk.
The subject of the warrant, Michael Upson, was a
serving policeman with Suffolk Constabulary and
a suspected egg collector. At the address, 650 wild
birds’ eggs were found, as well as an egg-blowing
kit and a large amount of documentation.
The RSPB analysed all the seized material, which was
found to include 54 woodlark eggs, five Cetti’s warbler
eggs and seven marsh harrier eggs. Upton had kept
notebooks which documented all the eggs he had
taken over a 10-year period, ending in 2001. Many
of the entries gave graphic details, including trips
to the Hebrides to take golden eagle eggs, Wales to
take chough eggs and Devon targeting Cetti’s warblers.
Three specific entries suggested that Upson had taken
kittiwake eggs from Lowestoft Pier while on duty.
Upson denied this.
A sample entry from the notebook reads: “Page 32,
Wednesday 3rd June 1992. My first stint of acting
sergeant allowed me free range and being on night
shift there were no people about and the darkness
gave me some cover. I therefore took advantage of the
position to inspect the kittiwake colony on the south pier
at Lowestoft. At 2.30 am I climbed over the padlocked
gate, passed the ‘danger keep out’ sign and looked over
the side of the pier. Just beyond the breakwater on the
ledge were five nests, the birds got quietly off, four
nests contained one egg, the other two, I had to use
a cradle on the end of a bent up coat hanger to get
at them. They were perfectly fresh.” In interview,
Upson admitted taking and possessing the kittiwake
eggs, but denied he did so on duty and claimed he
had embellished his notebook entries to make them
sound interesting.
A lengthy expert statement was prepared by the
RSPB and supplied to Norfolk Police and the CPS.
The CPS decided not to pursue a charge of misconduct
in a public office, and Upson was charged with
possession of the eggs. On 24 October at Norwich
Magistrates Court, in front of the national media, Upson
pleaded guilty to this charge. The court appearance was
far from straight-forward because on the day, a stand-in
CPS prosecutor was allocated the case, having not seen
it before that date, much to the dismay of the RSPB.
Michael Upson
leaving Norwich
Magistrates Court
Upson's woodlark eggs with collection card
An old suitcase containing some
of Upson's egg collection
Albanpix Ltd M Thomas (RSPB) M Thomas (RSPB)
Poisons for which there is no legal
use, such as carbofuran, are often
found in the bodies of persecuted
birds of prey, including the four
goshawks and a buzzard pictured
here, which were targeted in Devon
in 2011
Upson was sentenced the following day to 26 weeks
imprisonment suspended for 12 months, and was
ordered to carry out 150 hours community work and
pay £120 costs. Upson could be considered fortunate,
as in the recent past, collectors with similar case
backgrounds have been jailed, and none of these
were serving police officers. Upson has since retired
from Suffolk Police.
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PROSECUTIONS
An unregistered barn owl was found at the Yorkshire
Dales Falconry Centre in Austwick, North Yorkshire
Old habits die hard!
Douglas Petrie, the 80-year-old owner of Yorkshire Dales
Falconry Centre in Austwick, North Yorkshire, appeared at
Skipton Magistrates Court in July 2012. He pleaded guilty
to 10 offences under the Control of Trade of Endangered
Species (Enforcement) Regulations 1997. The offences
related to the commercial display of Annex A birds and
making false statements to obtain Article 10 Certificates.
In December 2011, as part of Operation Maple, Wildlife
Inspectors from the Animal Health and Veterinary
Laboratories Agency (AHVLA) and Andy McWilliam
from NWCU, carried out an unannounced inspection
John Bridges (rspb-images.com)
at the centre. At the time of the inspection, the centre
was open to the public, and fee-paying customers were
watching flying displays.
The centre had numerous raptors and owls on display.
Officers discovered two great grey owls, two snowy owls
and a barn owl, all Annex A birds, but they were not properly
ringed or micro-chipped.
Some Article 10 certificates were produced by Petrie,
and he claimed they related to his birds. Although the
certificates indicated that the birds were all micro-chipped,
there was no trace of chips in the birds. He then produced
the relevant micro-chips from the office, which were all still
in their packaging. Petrie admitted that he had made
applications for the Article 10 Certificates, claiming the
birds were all chipped.
Petrie pleaded guilty to five offences of prohibited
commercial display to the public, and five offences
of making false statements to obtain Article 10s. He was
fined £2,000 and ordered to pay £100 costs. The court failed
to make a forfeiture order for the birds, which is mandatory
following conviction under the regulations. However, the
NWCU has requested the case is referred back to court
for an ancillary forfeiture order under the provisions of
the Magistrates Court Act 1980.
Petrie was prosecuted for Control of Trade in Endangered
Species (COTES) offences in 2001, when he was the owner
of Southport Zoo, Merseyside (Legal Eagle 30).
Andy McWilliam, the investigating officer in that case, noted
that Petrie had a number micro-chips that were separate to
the animals. One of the micro-chips that should have been
fitted to a lemur in 2001 matched a chip that should have
been fitted to one of the owls in 2011. In July 2006, Petrie
was given a conditional discharge for two years relating to
COTES offences, for two counts of using wild birds, a kestrel
and tawny owl, for commercial gain (Legal Eagle 51).
Operation Ramp
hares towards
finishing line
Illegal trade in tortoises was the subject of the final British
prosecution in a world-wide clamp-down on the illegal reptile
trade. The case was heard at Woolwich Crown Court.
Kenneth Lodge, 55, of The Fish Lodge, Court Road, London,
was convicted on 24 September for the illegal possession
and sale of Hermann’s tortoises. He was given a conditional
discharge for two years. Three tortoises were forfeited under
the COTES Regulations, and Lodge was ordered to pay
£1,000 compensation, as well as £1,500 prosecution costs.
Operation Ramp ran from September to October 2010.
It involved national wildlife enforcement authorities, including
police, customs and specialized units from participating
countries. The operation focused particularly on illegal
activities relating to the trade and possession of endangered
reptiles. Individuals and companies were investigated, and
premises, such as seaports and wholesalers’ buildings, were
inspected. The Environmental Crime Unit of the International
Criminal Police Organization (Interpol) was the key
operational communications and intelligence centre during
the two-month operation, facilitating the exchange of
information between the participating enforcement agencies.
Kenneth Lodge, the owner of Fish Lodge pet shop, was
visited as part of Operation Ramp in the autumn of 2010
by PC Vee Goomany, a volunteer Police Wildlife Crime Officer
(PWCO) with the Metropolitan Police. He found three
Hermann’s tortoises on sale for £150 each at the premises,
but they did not have valid Article 10 certificates. A sales
invoice, dated April 2010, showed that another trader had
sold him six Hermann’s tortoises, and this invoice showed
Hermann’s tortoise
the Article 10 certificate numbers on them for Transaction
Specific Certificates. This meant that Fish Lodge was required
to apply for its own certificates before they were able to offer
the tortoises for sale. At no point did Fish Lodge apply for
Article 10 certificates from AHVLA. At some stage Lodge had
produced Article 10 certificates for two Hermann’s tortoises,
but these were not relevant to the specimens seen when the
officer visited.
Lodge was invited for interview and admitted the offence.
He was offered a conditional caution, on condition he paid
£800 for the housing of the tortoises by a local charity. He
accepted this, and wrote a cheque for this sum. A few days
later the cheque bounced, and PC Goomany contacted him
again. At this point, Lodge said that he wanted to go to court
based upon advice he had received.
Nevin Hunter, head of the NWCU, gave evidence in court
and said: “I would like to record my thanks and commend
PC Goomany for his diligence, gathering the evidence in
this, his first COTES related case. He produced an excellent
prosecution file and provided support to CPS throughout.
The prosecuting barrister also did an excellent job and had
the tenacity to see this through whilst the defence tried to
belittle the case as trivial”.
Bob Gibbons (ardea.com)
Gamekeeper fined after
badgers targeted with Cymag
Guy Shorrock (RSPB)
A Dumfries-shire gamekeeper has been convicted following
a joint investigation by the Scottish SPCA and Dumfries
and Galloway Constabulary, because he used a banned
pesticide and obstructed a badger sett.
On 29 October 2012, William Scobie, 78, of Lochmaben,
appeared at Dumfries Sheriff Court. He admitted
obstructing access to a badger sett on the Jardine
Hall Estate, contrary to the Protection of Badgers Act
1992. He also admitted that he possessed sodium cyanide,
a banned highly-toxic substance, contrary to the Wildlife
and Countryside Act 1981. In addition to these admissions,
Scobie also pled guilty to failing to meet safety provisions
under the Food and Environment Protection Act 1985.
He was fined £270.
Community work for drunken
teenagers who kicked gull
Two Easter Ross teenagers were
each sentenced to 180 hours unpaid
community work, after they pled guilty
to intentionally or recklessly injuring a
herring gull in Invergordon in July 2011.
Jordan Thomson, 17, of The Rigger Bar, Alness, and Ross
MacLeod, 18, of Caber Feidh Drive, Invergordon, were
convicted at Tain Sheriff Court on 28 August 2012, after
admitting repeatedly kicking the bird until it was so badly
injured it had to be humanely destroyed.
Witnesses said that the bird, that was previously unable
to fly, had been in the area for some weeks. Fiscal depute,
Roderick Urquhart, told the court that Thomson was seen
to kick the bird, knocking it over. The gull stood back up,
but MacLeod then
kicked it, causing it to go up into the air and
fall to the ground. Two witnesses who saw the
incident recovered the bird and took it home, but
the bird appeared to have a broken neck and was
subsequently euthanised.The court was told
that both the accused were drunk on cider.
Herring gull by G Shorrock (RSPB)
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PROSECUTIONS
PROSECUTIONS
Mark Thomas (RSPB)
obtained from a number of experienced ornithologists,
outlining the amount of disturbance that would have
occurred to breeding birds during the visits. Unfortunately,
the two-year limitation on proceedings restricted the
prosecution to three incidents, and a plea to one of these
was accepted.
Paul Morrison (RSPB)
Marcus Betteridge and Seymour Crang outside Newton
Abbot Magistrates
Devon double
Two previously convicted egg collectors have been found
guilty of more wildlife offences.
On 6 November 2011, Marcus Betteridge of Jubilee Road,
Totnes, and Seymour Parish Crang, of Bittaford, Ivybridge
appeared at Newton Abbots Magistrates Court. Betteridge
pleaded guilty to disturbance of a Dartford warbler at a nest
site in Devon in 2009. He was fined £1,000 with £250 costs.
Four other charges were discontinued. Crang had earlier
pleaded guilty to unlawful possession of 15 birds’ eggs,
and received the same fine and costs.
Intelligence material had been collated by the RSPB and
Devon and Cornwall Police, and on 3 November 2010,
Operation Blackwell swung into action, with raids on three
addresses in Devon. At Betteridge’s home, a set of detailed
diaries, dated from 1999 to 2010, were found, together with
a large number of photographs and other documents.
These were examined in detail by the RSPB. They detailed
a catalogue of unlicensed visits to the nests of several rare
breeding Schedule 1 species in Devon. Statements were
Betteridge was convicted of the
disturbance of a Dartford warbler
Once again, the RSPB’s unique wildlife crime database
was able to provide details of Betteridge’s three previous
convictions, dating back to 1978. This information was
unavailable from any other source. Betteridge has been
regarded as one of the one of the UK’s most prolific egg
collectors during the 1980s and 90s. Interestingly, the seized
documentation indicated he stopped collecting in 2001, and
changed his focus to nest finding. This coincided with the
introduction of custodial sentences, and one of his main
former associates was the first egg collector to be jailed
under these changes. Over two decades of intelligencegathering
by the RSPB has built a good picture of eggs
taken by Betteridge, though the location of this substantial
collection remains unknown.
At the home of his associate, Crang, a small egg collection
was found, along with photographs and other paraphernalia.
Crang claimed that the eggs had been ‘missed’ by the police
during a previous raid in 1998, for which he was later fined
£3,000 for possession of 1,212 eggs. RSPB Investigations staff
were able to match four of the eggs with a photograph of
four eggs in a nest. Enquiries with Kodak established that
the photographic paper had not been available until 2004.
The defence attempted to mitigate, by trying to link
the unlawful activities of Betteridge with the legitimate
scientific research undertaken by the British Trust for
Ornithology (BTO). This was effectively countered by
an excellent presentation of prosecution evidence by
Mark Haddow of the CPS.
The RSPB would like to thank WCO PC Josh Marshall,
Mark Haddow, plus civilian witnesses, including Dr Rowena
Langston (RSPB), Jon Hardey, Mark Darleston, Ian Parsons,
Phil Johnson, Jez Blackburn (BTO) and David de la Fuente.
Ben Hall (rspb-images.com)
Coquet Island notice explaining disturbance law
A tern for the worse
Two brothers have been found guilty of disturbing a rare
roseate tern colony on a sanctuary island.
Coquet Island, less than two miles off the Northumberland
coast at Amble, is a bird sanctuary and a Site of Special
Scientific Interest (SSSI). Public access is denied – only the
team of three RSPB wardens are allowed on land because
more than 44,000 seabirds and the entire UK population, just
71 pairs, of globally-threatened roseate terns breed on the
island. Roseate terns are highly sensitive to disturbance.
On 20 July 2012, three boats approached the island and
landed six local men, apparently to collect winkles. The men
were intercepted by the shocked RSPB wardens. The wardens
did their upmost to restrict disturbance, but their advice was
ignored, and the landing party approached the roseate
tern breeding areas. They
caused the worst case of
disturbance ever known to
have occurred on the island,
at a time when the terns still has eggs and
Two of the boats approaching Coquet Island
vulnerable chicks. To make matters even worse, just two days
later one of the men, along with others, landed. They caused
further disturbance. The episode was recorded on CCTV.
After advice from RSPB Investigations, Northumbria Police
intercepted the men returning to Amble harbour on 22 July.
They confiscated the boats and arrested a number of men.
On 17 January 2013, following a two-day trial, Derwick
Ramsay of Ivy Street, Amble, was found guilty of reckless
disturbance of a Schedule 1 species. At an earlier hearing,
his brother, Lesley Ramsay, of Charles Road, Amble, had
pleaded guilty to the same offence.
Lesley Ramsay received a one-month
community order, with a daily
7pm–7am curfew, and was
ordered to pay £75 costs to the RSPB.
Derwick Ramsay received a three-month
order with the same conditions, was ordered
to pay £200 court costs, and £75 to the RSPB.
Fish farmer fined for trapping heron
Roseate tern by Chris Gomersall (rspb-images.com)
A fish farmer has been convicted of illegally trapping a heron,
following a joint investigation by the Scottish Society for
Prevention of Cruelty to Animals (SSPCA) and Dumfries and
Galloway Police.
Simon Duffin, 61, from Morrinton, appeared at Dumfries
Sheriff Court on 10 October 2012. He admitted that, at
Cargenglen Trout Farm, he recklessly injured a bird in a
trap, setting in position a trap likely to cause injury to a
wild bird, and setting in position a trap likely to cause
bodily injury to an animal, all contrary to the Wildlife and
Countryside Act 1981. He was fined £1,500.
The offences were discovered when a member of the public
reported seeing an injured heron at the site. It was struggling
in a pond on the fish farm, with a spring trap around its leg.
The bird’s injuries were so severe that it had to be euthanised
to prevent further suffering. It was also found that other
illegally-set traps had been set at the edge of the pond.
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PROSECUTIONS
NEWS
Bude barn bat roost destroyed
On Friday 27 July 2012, at Bodmin Magistrates’
Court, Christopher Congdon, 29, of The Old Farmhouse,
Week Orchard, Marhamchurch, Bude, was found guilty
of the destruction of a lesser horseshoe bat roost near
Bude in Cornwall. He was fined £2,500 and ordered to
pay £660 costs.
Congdon was advised that the rare bats were present and
that a licence would be required, but he destroyed evidence
of the bats’ presence.
A barn conversion was then undertaken at his property,
and the works destroyed the roost. The Bat Conservation
Trust (BCT) Investigations Officer, Pete Charleston, explains:
“Bats and their roosts are protected by law, whether the
bats are present in the roost or not. This legislation helps
protect our native bat populations which suffered severe
declines throughout the twentieth century. Destroying a
roost is a serious offence; it harms bats and puts bat
populations at risk.
The BCT has supported Devon and Cornwall Police and
the Crown Prosecution Service throughout the investigation
and praised the work of the CPS and the police for their work,
particularly PC Richard Martin, who led the investigation.
BCT also recognises that this case could not have been
bought without the assistance of ecologists who conducted
surveys of the premises prior to work being carried out.”
John Black, Bat Conservation Trust
Hen harrier gunned down
in North Yorkshire
A female hen harrier found dead in North Yorkshire has been
confirmed as shot following cutting edge forensic work. This
incident highlights hen harriers’ perilous state in England,
as just one pair successfully bred in 2012.
The history of the shot bird is well known. In 2011, a satellite
tag was fitted by Natural England (NE) to a hen harrier chick
in Bowland, Lancashire. Christened ‘Bowland Betty’, the
satellite tag showed her ranging widely, travelling as far
north as Caithness, Scotland. On 22 May 2012, she returned
to Bowland. Three days later, she moved east into the moors
of North Yorkshire, staying mainly in the Nidderdale and
Colsterdale areas. In late June, the satellite data indicated
she was stationary and this raised concerns she had died.
With the co-operation of Swinton Estate, Stephen Murphy
of the NE Hen Harrier Recovery Project recovered the body
of the bird on 5 July 2012.
The post-mortem examination by the Zoological Society
of London (ZSL) showed a fractured left leg. This would have
led to death, either through blood loss or inability to hunt.
Detailed radiographs showed three small radio-dense foreign
bodies embedded in the fractured bone. It was suspected the
bird had been shot. ZSL located recently-published forensic
work on the detection and chemical composition of residues
in bones through scanning electron microscopy (SEM)
equipped with an energy dispersive x-ray analyser (EDX).
In co-operation with University College London (UCL) at
Stanmore, it was decided to use this new technique.
By fixing the fragment in resin and incrementally grinding
and polishing down just a few microns at a time, one of the
particles was reached. This showed the particle had entered
the exterior surface of the leg bone, and that its composition
was primarily lead. This is believed to the first time this
technique has been used in the UK.
Government studies have shown that the uplands of England
could support more than 300 pairs of hen harriers, and that
the principal reason for the bird’s perilous state is illegal
persecution associated with grouse shooting. In the last ten
years there have been only 11 recorded hen harrier breeding
attempts in North Yorkshire. All have been within just a few
miles of the site where this bird was found. Only three of
these attempts at breeding were successful. Of the eight
that failed, seven were in circumstances suggesting human
persecution was the most likely cause of failure.
The RSPB data, and government poisoning data, shows the
Yorkshire Dales as a black spot for persecution. Between
2007 and 2011, at least 20 birds of prey were illegally
poisoned, shot or trapped.
The RSPB would like to thank ZSL and UCL for their
determined efforts to establish the cause of death, WCO PC
Gareth Jones and Ian Carter (NE).
New forensic techniques showed a
particle of lead in the leg bone
University College London (UCL), Stanmore
RSPB
Unappealing Gonshaw
Serial egg collector Mathew Gonshaw
appeals his ASBO, but then fails to
turn up.
Following on from his convictions and
Anti-Social Behaviour Orders (ASBOs)
(Legal Eagle 66, 67 and 68), egg
collector Mathew Gonshaw lodged
an appeal against his English ASBO.
The case was heard at Snaresbrook
Crown Court on 7 September 2012,
but – unfortunately for him – Gonshaw
failed to appear. The appeal was
dismissed, and Gonshaw was ordered
to pay costs of £580, including £250 to
the RSPB. Despite Gonshaw’s absence,
Judge Inigo Bing insisted on hearing
the details of the case, and then
praised the RSPB for its tireless work
in bringing egg collectors to justice.
Bowland Betty being fitted with a satellite tag in 2011
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NEWS
A golden opportunity
NEWS
Report reveals illegal killing remains a
‘significant threat’ to birds of prey in Scotland
As hen harriers teeter on the
brink of extinction as a breeding
bird in England, the review of
wildlife protection legislation
by the Law Commission provides
a golden opportunity to address
persecution of birds of prey in
England and Wales.
An RSPB report showing the
annual wildlife crime figures
illustrated yet another shameful
year of poisoning, shooting
and trapping for red kites,
golden eagles, peregrine
falcons, goshawks and other
persecuted species.
Just one pair of hen harriers
bred in England in 2012, with
the Government’s own studies
suggesting that illegal killing
is the major factor in their decline
(see page 7).
Birdcrime 2011 was published
in October. It sends a strong
message to Coalition and
Welsh Government Ministers:
they have a once-in-a-lifetime opportunity to tackle the
illegal killing of birds of prey in England and Wales, and
they must not waste it.
In 2011, there were 202 reports of shooting and destruction
of birds of prey and 100 reports of poisoning incidents.
Victims of poisoning included a golden eagle, 17 red kites,
17 buzzards and seven peregrines.
Too little has been done over the years to stop these attacks
on birds, but this could change with proposed reforms of
wildlife law and policing. The publication of the House of
Commons Environmental Audit Committee’s inquiry into
wildlife crime (see front page), the
creation of a National Crime
Agency, and the election of Police
and Crime Commissioners, all
provide a unique opportunity to
change the wildlife law
enforcement landscape.
The report outlines the
changes we believe need
to be made, including the
introduction of an offence
of vicarious liability to make
landowners liable for the actions
of their employees; enacting the
possession controls on pesticides
used to poison wildlife already
provided for by the Natural
Environment and Rural
Communities Act 2006 and
tasking the National Crime
Agency with tackling serious and
organised wildlife crime such as
raptor persecution.
RSPB Conservation Director
Martin Harper said: “This is a
once-in-a-lifetime opportunity
to tackle the illegal shooting and
poisoning of some of our most magnificent birds. I hope
that tougher laws and penalties for wildlife offenders will
help consign their crimes to the pages of history where they
belong. We need Defra, Home Office Ministers and the
Welsh Government to step up for nature and make the right
decisions. An essential first step is to secure the future of
the National Wildlife Crime Unit.”
You can request a copy of Birdcrime 2011 from the RSPB
(see back page for contact details), or download it from
www.rspb.org.uk/birdlaw
Illegal shooting, trapping,
nest destruction and poisoning
continue to pose a significant
threat to Scotland’s birds of
prey, according to the latest
annual report by RSPB
Scotland, covering 2011.
The report, The Illegal Killing
of Birds of Prey in Scotland in
2011, revealed that, as in
previous years, some of the
country’s rarest bird of prey
species continue to be the
victims of wildlife crimes, such
as the illegal use of crow traps
and the setting out of baits in
the open, laced with illegal and
highly toxic chemicals.
While the report acknowledged
a decline in the number of
detected poisoning incidents in
comparison to the previous few
years, in 2011 a total of 20 birds,
including four red kites and
a golden eagle were among
those confirmed by Scottish
Government testing to have been poisoned.
Other incidents recorded by RSPB Scotland during the
year included a buzzard starved to death in a crow trap,
a short-eared owl, two peregrines and three buzzards shot
and a goshawk nest destroyed.
The report also highlights the suspicious disappearances
of nesting hen harriers and peregrines, and of golden eagles
fitted with satellite transmitters by scientists studying their
movements and survival.
As in recent years, the majority of incidents of illegal killing
took place in areas managed for driven grouse shooting,
particularly in the eastern and central Highlands and the
southern Uplands of Scotland.
Ian Thomson, RSPB Scotland’s
Head of Investigations said: ”Many
of these crimes were discovered
purely by chance, by walkers or
birdwatchers, in remote areas of
countryside. It’s safe to assume that
many victims of illegal killing are
not detected or reported.
While at last there may be
some welcome indications that
the indiscriminate use of illegal
poisons is on the wane, it is clear
from this report, and the events of
the last few months, with a golden
eagle being illegally trapped in
Angus, and another found shot in
Dumfries-shire, that there is a long
way to go before these crimes are
eradicated. We were pleased that
these events received cross-party
condemnation in the Scottish
Parliament.”
Duncan Orr-Ewing, Head of Species
and Land Management said: “We
hope that a decrease in poisoning
cases is a trend that continues and
is reflected in the return of birds of prey in their former
ranges. However, it is deeply concerning that over this same
period, there is no evidence of a decline in other forms of
illegal killing. These crimes can have a devastating impact on
the long-term population of rare and slow-breeding species
such as hen harriers, golden eagles and red kites. There can
be no place for these appalling crimes in Scotland in the
21st century”.
We thank the public for their continued vigilance and those
landowners who have already made marked efforts to stamp
out this illegal practice. We call on all those working in
Scotland’s countryside to take active steps to eradicate these
despicable crimes once and for all. These birds are not only
important for our wildlife heritage but also bring with them
tourism opportunities, which benefit the country’s economy.”
NWCU saved . . . for now
As we go to press, it has just been announced that funding
for the National Wildlife Crime Unit (NWCU) has been
secured until March 2014. The Home Office and Defra have
committed £136,000 each for the next financial year.
The NWCU is jointly funded by the Home Office and Defra,
with other contributions from the Association of Chief
Police Officers (ACPO), ACPO Scotland, the Scottish
Government and the Northern Ireland Environment Agency.
RSPB Conservation Director Martin Harper said: “The
continued support for the unit is great news.
“For a relatively small amount of money, the UK has a unit
with a reputation for delivering an effective response to the
threats that criminals pose to our wildlife. What we now
need is for its long-term future to be secured beyond 2014,
so the unit can make strategic long-term plans.”
Wham Bam NAM!
The RSPB and Natural England (NE) lead the way
in Nature After Minerals partnership.
On 26 September 2012, RSPB Investigations Officers were
guest speakers at the Nature After Minerals seminar on
gravel pit restoration for wildlife, a joint project involving
the RSPB and NE. Senior Investigations Officer, Mark Thomas,
gave a detailed presentation to an audience of quarry
managers and consultants on the law surrounding species
found in quarries, such as sand martins and little-ringed
plovers. The afternoon was spent at the working Tarmac
quarry at Langford Lowfields, alongside the River Trent in
Nottinghamshire. This site is being turned in to a fantastic
RSPB reserve. For more details of the NAM project, e-mail
Carolyn Jewell at carolyn.jewell@rspb.org.uk, or visit
www.rspb.org.uk search for NAM, and click on the link.
10
11

NEWS
Scottish curriculum
combating wildlife crime
Wildlife Detectives packs, aimed at
raising awareness of wildlife crime
among school children, attracted more
than 1,000 entries for a poster
competition.
The pack was launched in February 2012
by the Minister for the Environment and
Climate Change, Stewart Stevenson
MSP. It was distributed to every Primary
5, 6 and 7 class in the Grampian region.
It aims to raise children’s awareness of
wildlife crime and legal countryside
practices, and tells how the Grampian
countryside is managed for the benefit
of both wildlife and people.
The children are able to undertake
interactive tasks, in a CSI-style
investigation, a wildlife team quiz
and a competition to design a poster
to highlight the key issues. A half-hour
DVD features an overview of the six
national priorities in the fight against
wildlife crime. These are poaching,
crimes against bats, badgers, birds
of prey and fresh water pearl mussels,
as well as illegal trading in wildlife.
There’s a detailed teachers’ booklet
which explains how learning activities
can be run separately, or studied
together as a mini-project, to meet
experiences and outcomes in several
areas of the curriculum.
Wildlife Crime Education Officer Andy
Turner, who oversaw the development
of the pack, said: “It is clear from the
entries we've received that the children
not only understood the task but also
grasped the key messages within the
Wildlife Detectives pack. Many children
throughout Grampian will now be
better informed and able to recognise
the dangers associated with wildlife
crime and able to differentiate between
illegal and legal countryside practices.”
TAQA Bratani Ltd supported
the development of the Wildlife
Detectives pack and donated the
three winners’ prizes.
NEWS
Complaint over grouse moor management
The RSPB has submitted a complaint
to the European Commission about
decisions by Natural England (NE)
on the management and protection
of part of the South Pennine Moors.
We believe that the decisions taken on
behalf of the UK Government regarding
Walshaw Moor in West Yorkshire were
in breach of the European Habitats and
Birds Directives to protect the special
wildlife of the South Pennine Moors.
The South Pennine Moors have
extensive areas of blanket bog,
wet heath and dry heath and support
an amazing array of upland wildlife,
including many species of breeding
birds. These habitats and species have
special protection under European and
UK wildlife legislation to ensure they
are restored and maintained in a
favourable condition.
The Walshaw Moor Estate Limited
owns and manages Walshaw and
Lancashire Moors for grouse
shooting and has introduced
management changes to
significantly increase the number of
grouse that can be shot each year.
Since 2010, NE, the Government’s
nature conservation advisers, had been
taking various legal actions against the
Estate to ensure appropriate
conservation management of the
delicate blanket bog. This included
prosecuting the Estate on 43 grounds
of alleged unconsented damage to the
protected areas and modifying historic
consents to ensure the blanket bog is
protected, in particular by regulating
the extent of burning. A public inquiry
was launched to consider the Estate’s
appeal, and the RSPB submitted a
written representation.
On 9 March 2012, NE suddenly
announced that it had reached
a settlement with the Estate on the type
and level of management of the land.
NE and the Estate agreed to halt all
legal actions against each other,
including NE dropping its prosecution.
The RSPB was surprised and
concerned at this and sought
clarification from NE on the
reasons for its dramatic change in
approach. NE staff confirmed they had
granted the Estate a new consent on
1 March 2012. It sets out how the Estate
can manage its land in the Special Area
of Conservation (SAC) and the Special
Protected Area (SPA). NE decided that
the Estate’s proposed management
measures would cause no harm to
the habitats and species protected
by the SAC and SPA.
Worryingly, these measures included
maintaining existing infrastructure,
including some that had been a
possible subject of prosecution by
NE, and allowing burning of blanket
bog, a management strategy that NE
had previously been seeking to halt.
This case has the potential to set a
damaging precedent for the protection
and management of upland sites of
European importance, and raises grave
concerns regarding the position of NE
as an independent regulator charged
with delivery of the Birds and Habitats
Directives. We hope that the
agreements will be overturned.
Marsh harriers poisoned and shot
Two marsh harriers were found poisoned and shot
in Humberside and West Yorkshire in the summer.
On 26 May 2012, a local birdwatcher found a dead male
marsh harrier close to the village of Goxhill on the bank
of the River Humber. This bird was outstretched in a
small bush next to a reedbed, where it was nesting.
The bird was passed to RSPB Investigations and, after
liaison with Natural England, sent to the Veterinary
Laboratories Agency for a post mortem and for toxicology
testing at the Food and Environment Research Agency.
In mid-October, results showed that it had died as a result
of poisoning caused by the banned insecticide aldicarb.
The RSPB and NE issued a joint press release appealing
for information, with a £1,000 reward offered by the RSPB
for information leading to a conviction.
Soon after, we heard of another persecuted marsh harrier,
this time a female, found injured next to a moor at
Stanbury, West Yorkshire. The bird was rescued and a vet
confirmed it had been shot. Sadly, the bird had to be
euthanised, as its condition was diagnosed as terminal.
The shot injuries were not deemed fresh and it is unknown
where or how long ago the bird had been shot.
The RSPB believes extensive areas of blanket bog and other habitats important for wildlife
are being degraded by poor land management contrary to EU and UK wildlife legislation
Tom Marshall (rspb-images.com)
Howard Jones (RSPB)
Howard Jones (RSPB)
12
The Lincolnshire
marsh harrier
poisoned by
banned
aldicarb
13

NEWS
G Shorrock (RSPB)
INTERNATIONAL
Shocking falcon massacre
Conservation India has reported on the shocking massacre
of tens of thousands of migratory Amur falcons in the
remote state of Nagaland in the northeast of India.
During the peak migration, it is estimated that between
4,000 and 12,000 birds are hunted every day, and that
a mind-boggling 120,000–140,000 birds are being
slaughtered in Nagaland every year, during their passage
through the state. They are used for consumption, and sold
commercially as food.
This is probably the single largest congregation of Amur
falcons recorded anywhere in the world. Huge numbers
arrive in northeast India from Siberia en route to their
final destinations in Africa. This small raptor has one of the
longest migration routes of all birds, flying up to 22,000 km
in a year. The birds are unusual because a large part of their
migratory route is over the sea and at night.
that thousands of falcons were being hunted annually at
the location. In just one day, 12 hunters were seen on the
main road, carrying over 1,000 dead birds between them.
They were destined for dinner tables, local markets, or
even for door-to-door selling.
The birds are caught in huge fishing nets and then
kept alive in mosquito nets or cane baskets, so they
can be transported, still alive, to customers and markets.
The falcons are transferred to poles for ease of carrying
into local settlements. They eventually die in the process,
and these birds are then plucked and smoked for a longer
shelf life.
Local government officials, the Divisional Forest Officer,
Chief Wildlife Warden and the Minister of Environment and
Forests have been brought in by Conservation India so that
immediate action is taken to stop this yearly massacre.
WCO PC John Baldwin (centre), Wildlife Enforcer of the Year with Heather Sohl (WWF) and Temporary CC Bernard Lawson
In October 2012, members of Conservation India travelled
to Doyang reservoir in Wokha district, following reports
Awards at Wildlife Crime
Enforcers’ conference 2012
In October, about 120 delegates attended the 24th annual
Wildlife Crime Enforcers’ conference at Bramshill Police
Training College in Hampshire.
Hampshire Assistant Chief Constable, Laura Nicholson,
gave delegates a warm welcome. Temporary Chief
Constable, Bernard Lawson of Cumbria Constabulary,
having only very recently taken over the ACPO lead
for wildlife crime, chaired proceedings. He saw at
first hand the diverse array of work and enthusiasm
of those involved with wildlife crime. In addition to the
presentations, there were workshops covering forensics,
the recent Law Commission review of wildlife legislation,
alien species and internet crime.
There was a lifetime achievement award for
Superintendent Alan Smailes of Grampian Police.
Alan set up one of Scotland’s leading wildlife crime
units, bringing wildlife crime into mainstream policing
within Grampian Police. During his career, Alan played
a strong role in raising awareness, helping launch a
schools’ education programme. His innovation has
improved processes for gathering evidence and
intelligence, and ensuring enforcement measures
were met. The RSPB made a special presentation,
with a certificate of appreciation, for Ian Guildford,
who recently retired from the South Wales Police after
many years of excellent work (Legal Eagle 68).
Amur falcons being transported for local consumption
The World Wildlife Fund (WWF)-sponsored Wildlife
Enforcer of the Year was presented to WCO PC John
Baldwin of Cumbria Constabulary, the second successive
year for Cumbria. John has been a WCO for more than
10 years, and in the last year re-launched ‘Operation
Samurai’, targeting poaching and rural crime. He has
also successfully led a major pesticide investigation,
clamped down on illegal venison trade, and dealt with
the illegal trade in exotic animals.
Runner-up was Sergeant Rob Taylor of North Wales Police.
Rob has worked on wildlife crime issues for over four
years and manages a team of 25 divisional WCOs dealing
with around 300 reports of wildlife crime each year.
He has been involved in several high-profile cases
including habitat damage, poaching, raptor persecution,
and the trade in endangered species.
Lucy Webster (SASA) outlines
DNA sample collection during
the workshop
G Shorrock (RSPB)
Ramki Sreenivasan, Conservation India
14
15

INTERNATIONAL
INTERNATIONAL
Egyptian vultures are rare in Malta,
and so are highly prized by hunters
S Spasov (BSBP)
Guy Clarke
delivering CITES
training in Bulgaria
Investigations team
support for BirdLife Malta
Head of Investigations, Bob Elliot, reports about
what’s happening on Malta to combat wildlife crime.
“Malta is an island some 50 miles south of Sicily.
It’s a critical stepping stone for large numbers of birds
of prey, waders and passerines as they migrate between
their summer European breeding grounds and African
wintering quarters. Malta has a terrible reputation for illegal
hunting, and the island is peppered with hunting hides.
About ten thousand people are licensed to hunt various
quarry species, mainly turtle dove and quail, on Malta
and on its neighbouring island, Gozo.
When migrating birds arrive in the late afternoon, they
often take the seemingly sensible decision to stay and
roost overnight on the island, rather than continuing their
migration to Africa. Eagles, harriers and buzzards prefer
the warm rising thermals and favourable winds of late
morning and early afternoon. For these species it is far
better to wait, rest, and then continue to Africa later the
next morning. Many fall victim to illegal hunting as they
A night vigil allowed these two Egyptian vultures
to leave Malta in safety
16
Lawrie Phipps
roost. Most of these birds are juveniles and on their first
migration. It is a real survival challenge.
Each year BirdLife Malta (BLM) runs an autumn Raptor
Camp. About 60 volunteers monitor the numbers of
migrating raptors, and try to deter illegal hunting by
birdwatching in public places. There has been a long
history of the RSPB Investigations team supporting BLM,
with the objective of adding value to their work.
In September, during 12 days of the 2012 Raptor Camp,
436 incidents of illegal hunting were recorded in Malta
and the island of Gozo. A further 23 injured protected birds
were recorded being shot down illegally, half of which were
birds of prey, with a further 76 seen with gunshot injuries,
or “Maltese moult” as it has been described.
There was one good news story from the island this year.
Two Egyptian vultures arrived late in the afternoon of 3
October. These are rare birds in Malta, and seeing two at
once is particularly unusual. As they’re so rare, the birds
are highly prized by hunters, but this species also faces a
catalogue of threats across its breeding range. They have
to deal with disturbance, lead poisoning from shot, direct
poisoning, electrocution by power lines, collisions with
wind turbines, reduced food availability, and habitat
change. An all-night watch was mounted over the roosting
birds and they successfully left the island the next morning,
continuing their migration south.
Thank you to the RSPB member and donor who made
the purchase of vital equipment possible. It helped save
these birds.”
CITES training in Bulgaria
Legal Eagle readers will be aware of
ongoing work in Bulgaria to tackle
wildlife crime, with input from RSPB
and NWCU. Guy Clarke, Head of the
UK Borders Agency CITES team, was
the latest to support this work. He
reports on his recent visit to Sofia.
“Earlier this year I was privileged
to be asked whether I would consider
undertaking the role of key note
speaker at a seminar on the Convention
on International Trade in Endangered
Species (CITES) enforcement and
customs control for officers from the
Bulgarian National Customs Agency
in Sofia. Following discussions with
Dimitar Gradinarov from Bulgarian
Society for the Protection of Birds
(BSPB), a two-day seminar with a
maximum of 30 participants was held.
On 9 July 2012, the Scotts Miracle-Gro Company,
a producer of pesticides for commercial and consumer
lawn and garden uses, was sentenced in the federal
district court in Columbus, Ohio and ordered to pay
a $4 million (£2,500,000) fine.
Scotts pleaded guilty in February 2012 to illegally applying
insecticides to its wild bird food products that are toxic
to birds, falsifying pesticide registration documents,
distributing pesticides with misleading and unapproved
labels, and distributing unregistered pesticides. The fine is
the largest criminal penalty under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), which governs the
manufacture, distribution, and sale of pesticides to date. In
order to prevent bugs infesting its bird food during storage,
the company applied a chemical known as Storcide II to its
This may appear insufficient time
to deliver presentations on the
complexities of CITES permits,
or to illustrate fully the benefits of
co-operating with other enforcement
agencies. But we had a strong focus
on learning, working with colleagues
and using identified training resources.
It was possible to increase the customs
officers’ awareness, and instil the
confidence to identify the CITES trade
through Sofia Airport or the numerous
land boundaries at the extremities
of the EU. This set them on the path
to develop, at their own pace, into
competent CITES enforcement officers.
As a trainer, it is great to see fellow
enforcement officers quickly learn the
principles of identifying forged CITES
documents, and discuss who to contact
Toxic bird food sold
in order to assist with examinations.
The positive interaction between the
BSPB, the enforcement officers and the
officers of the National Customs
directorate is to be commended.
Delivering an international CITES course
on your own is a difficult task, but on
this occasion, the organisation by the
BSPB, including providing an extremely
competent technically proficient
translator was excellent, with first
class facilities provided by the Customs
Agency. The Bulgarian enforcement
agencies face similar threats to us in the
UK, with raptor persecution and abuse
of the international endangered species
regulations, but it will be good to note
a rise in seizures and prosecutions of
wildlife criminals in Bulgaria over the
coming years.”
bird food, despite a warning label for that product that
reads “Storcide II is extremely toxic to fish and toxic to
birds and other wildlife”.
In a separate civil agreement with the US Environmental
Protection Agency (EPA), Scotts agreed to pay more than
$6 million (£3,766,000) in penalties and spend $2 million
(£1,255,500) on environmental projects for additional civil
pesticide violations. The violations included distributing or
selling unregistered, cancelled, or misbranded pesticides,
including products with inadequate warnings or cautions.
Before the product’s recall in 2008, Scotts sold 70 million
units of the affected bird food, although it is believed that
none were sold to the UK. It is not known how many birds
died from eating the food.
17

INTERNATIONAL
INTERNATIONAL
Kaziranga National Park
rhino poachers arrested
RSPB
Four rhino poachers belonging to a gang of illegal hunters,
believed to be behind the recent spate of slaughtering of
Asian rhinos in Kaziranga National Park, have been arrested,
according to the Indian press.
Two separate incidents in September led to the Assam
government ordering an investigation by the Central Bureau
of Investigation (CBI) into all incidents of rhino poaching in
Ian Abrams
the State in the last three years. The government has decided
to deploy the army in the hills of Karbi Anglong adjacent to
the Kaziranga National Park areas, as it suspects militants
could be involved in poaching. In the first incident the rhino
was found dead, while in the second, the victim was found
battling for life, bleeding and writhing in pain. The poachers
took away the horns of the rhinos.
Kaziranga National Park, a World Heritage Site, holds the
world’s largest population of Indian one-horned (or Asian)
rhinos. Since January, poachers have shot and killed 20
rhinos, including six killed during the two waves of high
flood during June, July and September. When the rhinos
flee their flooded habitat to take shelter in the highlands
of the Karbi Anglong foothills, poachers find it easier to
kill and dehorn them, as these areas fall outside the notified
areas of the park and lack effective anti-poaching cover.
Asian rhino female with youngster
The four poachers were arrested by police near Agratoli
Range of the park and a .22 rifle and a bottle of suspected
tranquilliser used on the rhinos were recovered from them.
The latest fatality was recorded on 16 December. An adult
female was found dead, with its horn missing, in the park’s
Kukurakata Forest reserve.
RSPB staff out with the Spanish anti-poisoning team
Rare osprey shot in
Cypriot “poachers’ playground”
A protected area in Cyprus has become a “poachers’
playground”, and BirdLife Cyprus is calling for anti-poaching
action at the Famagusta area wetland. The site’s importance
for overwintering and migrating birds led to its designation
as a Natura 2000 site. Martin Hellicar from Birdlife
Cyprus reports:
“Akhna dam has been designated as a Special Protection
Area (SPA) under the Birds Directive and has been
identified as an Important Bird Area (IBA) by BirdLife
International. It is a very important wetland in Cyprus
and a top birdwatching destination. Despite its protection
status, there is a serious problem with poaching and illegal
bird trapping in the area.
Birdwatchers have reported an unusually
large number of ospreys migrating through
Akhna dam this autumn, using this important
wetland as a stopover on their journey south
to their African wintering grounds. However,
even this magnificent bird species did not
escape the attention of the poachers, and one
was found shot dead in October. No-one has
been arrested.
18
This is not an isolated incident. According to local
information, other birds shot have included turtle doves,
whiskered terns and red footed falcons. Furthermore, illegal
bird trapping with non-selective methods, such as mist nets
and limesticks, has been widespread this autumn, both at
Akhna dam and more widely, contributing to large-scale
killing of birds, many of them threatened species.
Birdwatchers around the dam have been repeatedly
threatened by poachers and trappers this autumn, an
indication that they have become blatant and are fearless
of the possibility of prosecution. BirdLife Cyprus has called
on the competent authorities, the
Game and Fauna Service and the
Cyprus Police, to take effective
action to protect this important
wetland, setting as a priority the
drawing and implementation of
a management plan for the site.
Finally, a ‘zero tolerance’
approach must be adopted if the
Cyprus government is serious
about tackling this problem.”
An osprey hunting at Akhna dam
Birdlife Cyprus
Spanish lessons
In November 2012, RSPB Investigations staff attended
a wildlife poisoning conference in Spain. This has again
highlighted the lack of resource in the UK to tackle such
problems. Investigations Officer Guy Shorrock reports.
“Illegal use of poisoned baits is a serious threat to
biodiversity and public health. In the EU, this is a serious
conservation problem for several highly threatened
mammals and raptors, including charismatic species
like Iberian lynx, imperial eagle and bearded vulture.
In the UK, it continues to pose a serious problem for
species such as golden eagle and red kite.
Having worked in wildlife crime for more than 21 years,
there is sometimes a presumption that the UK is ahead
of the game when it comes to investigating wildlife crime.
Consequently, seeing how the situation relating to the
investigation of wildlife poisoning in Spain has changed
over the last ten years was a real eye-opener. It showed
what can be achieved with sufficient political will and
resources, and was in contrast to the inconsistent and
piecemeal approach often experienced in the UK.
A number of EU LIFE projects are also addressing these
issues. One, involving the Fundacion Gypaetus, aims to
develop, monitor and evaluate different innovative actions
oriented to eradicate or reduce the use of illegal poisoned
baits. As part of this they organised a ‘poison, wildlife and
society’ three-day international conference at Cordoba,
Spain. This was attended by about 200 delegates, including
Spanish authorities and NGOs from around the EU.
In Spain, a decade ago, there was little action to counter
the widespread use of poison baits for illegal predator
control by those with interests in game hunting and
livestock keeping. However, there has been a significant
investment of resources in some areas. In Andalucia, which
is about the size of Scotland, the authorities have employed
a dedicated team of eight staff to tackle wildlife poisoning.
This unit works with the police, and specialist canine teams
trained to find poison baits, and is supported by
comprehensive forensic and analytical resources.
This work has been highly effective in reducing the level
of poisoning, allowing some raptor populations to start
to recover, and bringing a number of high-profile poisoning
cases to court. Penalties at court have included custodial
sentences of up to 18 months, and subsequent civil
proceedings against those managing the land have
resulted in fines as high at 200,000 Euros.
I believe the UK could learn much from the work
undertaken in Spain and RSPB are assessing where
lessons from the rest of the EU could be adopted to
reduce the levels of illegal poisoning in the UK.”
19

AND FINALLY…
PAW
PC John Shaw
showing his
softer side
John Shaw leaving
PC John Shaw became Cumbria Constabulary’s Wildlife
Crime Co-ordinator in 2008, after working as a WCO since
2002. He has worked hard to increase prosecution and
detection rates in all areas of wildlife crime, using direct
involvement, assistance and directing other WCOs across
the force. John has spent much time and effort increasing
the profile of wildlife crime, both within the police
PAW is The Partnership for Action Against Wildlife Crime,
a multi-agency body comprising representatives of the
organisations involved in wildlife law enforcement in
the UK. It provides opportunities for statutory and
non-governmental organisations to work together to
combat wildlife crime. Its main objective is to promote
the enforcement of wildlife conservation legislation,
particularly through supporting the networks of
Guy Shorrock (RSPB)
community, but in particular with the media. In 2011
his contribution to the fight against wildlife crime was
recognised when he was presented with the Partnership
for Action Against Wildlife Crime WCO of the year Award.
John’s wildlife crime investigations include a number
of cases involving sand martin nest destructions, COTES
offences involving tortoises and taxidermy specimens,
poisoning and bird of prey persecution. John has
developed a strong ethic of partnership working on
behalf of the force with NWCU, Natural England and
the RSPB, to name a few.
John isn’t going to be sitting around. He’s planning
a trip to Asia and plans to be there for a few months,
before returning to Cumbria to find a new adventure.
John would particularly like to thank Andy McWilliam,
NWCU, for all his time, help and support; as well as the
staff from RSPB Investigations. Without the support of
both, John said he would never have had such great
success with bringing offenders to justice and raising the
profile of wildlife crime across the force. Everyone in the
RSPB Investigations team wish John well in his retirement.
John is being succeeded as WCO by PC Helen Felton.
She can be contacted at helen.felton@cumbria.police.uk
Police Wildlife Crime Officers and officers from HM Revenue
and Customs and the UK Border Agency.
Please visit www.defra.gov.uk/paw for more information.
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 and mailing list updates to the Editor, The RSPB, Investigations Section,
The Lodge, Sandy, Bedfordshire SG19 2DL, by e-mail to vicki.blair@rspb.org.uk or by fax to 01767 693078. The views
expressed in Legal Eagle are not necessarily those of the RSPB or PAW.
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
partnership of bird conservation organisations.
The Royal Society for the Protection of Birds
(RSPB) is a registered charity: England and Wales
no. 207076, Scotland no. SC037654. 232-0803-12-13
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
www.rspb.org.uk
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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
For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw