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Legal Eagle The RSPB’s investigations newsletter 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 July 2014 No 73 RSPB Scotland The Black Isle – a bird of prey massacre
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Page 1: Legal Eagle Newsletter - Issue 73 July 2014Legal Eagle The RSPB’s investigations newsletter In this issue: UK’s most prolific egg collector convicted yet again Police go to halt

Legal EagleThe RSPB’s investigations newsletter

In this issue: UK’s most prolific egg collector convicted yet againPolice go to halt lead theft from a roof – and discover stolen kestrel chicks insteadOff-roaders cause serious damage to sensitive conservation site in the Peak District

July 2014 No 73

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The Black Isle – a bird of prey massacre

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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.

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

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

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.”

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.

One of 16 red kites found dead on the Black Isle

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

The biggest threat to birds of prey in Scotland remains the systematic illegal killing ... in areas intensively managed for driven grouse shooting.

Page 3: Legal Eagle Newsletter - Issue 73 July 2014Legal Eagle The RSPB’s investigations newsletter In this issue: UK’s most prolific egg collector convicted yet again Police go to halt

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Waite caught on camera re-setting his illegal trap

The waiting game 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

The pole trap set by Waite on the Swinton Estate

Divine intervention catches kestrel thiefThe 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.

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.

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.

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The fire service returned the four kestrel chicks back to their nest

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.

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.

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

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Successful prosecution for bat disturbanceOne 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

A brown long-eared bat roost was destroyed

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.

10 out of 10 for “Greg the Egg”

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.

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.

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Three of the four eggs found on show in Wheal’s house

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Items offered for sale included whale and dolphin bones, as well as ivory and turtle shell

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Ivory trader fined

DNA bites back

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.

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.

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.

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.

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.

When they arrived, officers traced two men walking through a crop stubble field with two lurcher dogs on leads.

The allegation was corroborated after both dogs were seen panting heavily and covered in mud, and so both men were detained for questioning.

Darkness was falling so I went back, with other officers, at first light the following morning, and carried out a thorough search.

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.

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.

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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.

Page 6: Legal Eagle Newsletter - Issue 73 July 2014Legal Eagle The RSPB’s investigations newsletter In this issue: UK’s most prolific egg collector convicted yet again Police go to halt

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Off-roaders fined for damaging one of the Peak District’s finest conservation sitesOn 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.

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.

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

The blanket bog suffered significant damage

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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”.

Tortoise trader convictedA 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-upWCO 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.

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.

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Hermann’s tortoises are protected under CITES regulations

Page 7: Legal Eagle Newsletter - Issue 73 July 2014Legal Eagle The RSPB’s investigations newsletter In this issue: UK’s most prolific egg collector convicted yet again Police go to halt

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Swallowtail butterflies – the largest of the British butterflies – are protected under the Wildlife and Countryside Act 1981

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Butterfly caution A Devon man has been cautioned for offering to sell swallowtail butterflies.

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.

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.

Taxidermist acquitted

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.

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

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.

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.

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Radiocarbon dating indicated this ocelot skin was subject to the COTES regulations

Guy Clarke checking a shipment of orchids.

Guy Clarke MBE

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.

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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.

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.

Page 8: Legal Eagle Newsletter - Issue 73 July 2014Legal Eagle The RSPB’s investigations newsletter In this issue: UK’s most prolific egg collector convicted yet again Police go to halt

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The National Police WCO foundation training course reaches a landmarkWildlife enforcers gather at Kew

NWCU funding announced

London Conference on Illegal Wildlife Trade

After welcoming the 1,000th student to the wildlife law enforcers course, former Warwickshire Police WCO, Craig Fellowes, gives us some details.

We briefly report on a number of wildlife crime related news items, including the PAW Seminar, NWCU funding and the London Wildlife Trade Conference.

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.

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

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

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.

The human cost is illustrated by the fact that more than a thousand rangers have been killed by poachers in the last decade.

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

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

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

on 13 February 2014. The Prime Minister hosted the conference, which was attended by representatives from more than fifty governments.

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-wildlife-conference-declaration-140213.

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.

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.

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-action-illegal-wildlife-trade.pdf for more information.

1,000th student, Jez Moore, of Staffordshire Police, collecting his award from Chief Constable Alex Marshall (College of Policing)

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Pete Charleston (right) receiving his Certificate of Commendation from Tom Huggon of Browne Jacobson Solicitors during the PAW Seminar

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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]

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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.

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

Lancs and Cumbria join forces for WCO trainingUnder 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).

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.

ACC Bates of Lancashire Police opened the course. He said: “We take wildlife crime seriously.

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MSP Paul Wheelhouse (centre) with Guy Shorrock (RSPB) and Lucy Webster (SASA)

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Lancashire Wildlife Crime Officers examine a dead bird during a training scenario about pesticides

“By pooling our resources we can focus on the issues that affect our respective Force areas.

“The training will give officers the knowledge and skills they require to investigate crimes involving wildlife effectively.”

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.”

Page 10: Legal Eagle Newsletter - Issue 73 July 2014Legal Eagle The RSPB’s investigations newsletter In this issue: UK’s most prolific egg collector convicted yet again Police go to halt

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Introducing the new Head of the Metropolitan Police WCUDetective Sergeant Adam Dean tells us about his background and explains why he is so pleased to be leading the Wildlife Crime Unit.

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

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 Detective Sergeant Adam Dean

This x-ray of the goshawk showed both legs were fractured

This buzzard was fatally injured in a spring trap

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.

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.

The team is made up of people who work as CSIs, and then volunteer their specialist services when the need arises.

Wildlife crime is a very serious crime and is treated as such. It can often have links to organised criminal networks and other serious crime. When we investigate these

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. 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.

Another important aspect is the role of the Area Forensic Manager (AFM) to co-ordinate the forensic

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.”

visit the estuaries there, while also observing the sea life such as dolphins, seals and basking sharks.

An x-ray of the goshawk shows the extent of the injuries to its leg

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Raptors suffer yet more persecution in Peak District

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.

Both incidents are being investigated by the Police and the RSPB. Rewards for information are on offer.

Bird of prey persecutions blight the Peak District National Park.

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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).

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.

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.

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 bird was one of two young, reared by a mating pair at a nest on Lough Derg in County Clare.

It successfully flew from its nest in July 2013 along with its sibling and was last seen on the Tipperary side

of Lough Derg in January. The carcass was found in March 2014.

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.

White-tailed eagles are protected under the Republic’s Wildlife Act (1976), and it is an offence to shoot

Irish-bred eagle found shot deadA rare eagle has been found shot dead in north County Tipperary.

The new leaflet is aimed at cutting crimes against bird of prey in Northern Ireland

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Despite a reintroduction programme, white-tailed eagles are struggling to become re-established in Ireland

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.

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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.

Visit www.birdlifemalta.org for more information about spring hunting, the referendum, or to find out how you can help the campaign.

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

Spring hunting in Malta – as grim as everRSPB 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.

Some of the taxidermy specimen birds originated in the UK

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International co-operation leads to US seizure

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.

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).

This Montagu’s harrier was later euthanased after suffering severe gunshot injuries

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

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Page 13: Legal Eagle Newsletter - Issue 73 July 2014Legal Eagle The RSPB’s investigations newsletter In this issue: UK’s most prolific egg collector convicted yet again Police go to halt

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and finally…

Nevin retiresSue Eddy, Senior Analyst at the NWCU, acknowledges the work of DI Nevin Hunter, who retired in June 2014.

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KEEPING WILDLIFE CRIME OFFICERS INFORMED

For more information on wild birds and the law, visit rspb.org.uk/birdlaw

The RSPB is the country’s largest nature conservation charity, inspiring everyone to give nature a home.

The RSPB is a member of BirdLife International, a partnership to give nature a home around the world.

The RSPB is a registered charity: in England and Wales no. 207076,in Scotland no. SC037654.

Write to be readWe 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.

Cover photo: Edwin Kats (rspb-images.com) 232-1880-13-14

The RSPBUK 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 7QTTel: 028 9049 1547

Wales Headquarters Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000

PAWPAW is The Partnership for Action Against Wildlife Crime, a multi-agency 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

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.

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.

In addition, Nevin was involved with the PAW Forensic Working Group, and the highly regarded CITES Fact File. Nevin Hunter will be missed

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