OCTOBER 2006 No 50

As Legal Eagle celebrates its 50th issue, the need foreffective enforcement to protect wildlife is starklyillustrated as two magnificent golden eagles arefound dead due to illegal poisoning.

The RSPB is offering a reward for information leading tothe arrest and conviction of those responsible. A hill walkerfound the first dead bird on 13 May at the Dinnet andKinnord Estate near Ballater. The second body was found at the Glenfeshie Estate in the Cairngorms on 10 June.Analysis by the Scottish Agricultural Science Agency(SASA) showed that both birds were poisoned by thebanned pesticide carbofuran.

Dr Ken Hunter of SASA said the number of wildlifepoisoning incidents in Scotland this year was ‘relativelyhigh’. The chance discovery of these two eagles reflects a much wider problem, as such crimes typically occur inremote areas where the chances of finding victims are low.

Both birds died at a time of year when eagles havedependent young, protected from predators by the femalewho stays at the nest and relies on the male to bring food.The death of a foraging bird would force its mate off thenest to forage for herself, resulting in the death of the

Golden eagles poisoned in Scotlandchicks. Golden eagles do not breed until they are at leastfive years old, and can live for more than 20 years. Eachpair raises one or two young per year, only a few of which survive to adulthood. This low reproductive ratemakes the species especially vulnerable to persecution, as the loss of each breeding adult has a proportionatelygreater effect on breeding capacity.

A 2003 survey showed there are 430 breeding pairs ofgolden eagles in Scotland. Recently published researchclearly indicates that ongoing illegal persecution, especiallypoisoning, restricts the distribution and threatens thesurvival of the species over large areas of eastern Scotland.It may even cause the entire Scottish population to go intolong term decline.

Dave Dick, Senior Investigations Officer with the RSPB,said: ‘I never use the phrase accidental poisoning becausethere is no question of the bird picking it up by accident. Itis not just a few conservationists who get upset wheneagles get killed: golden eagles attract tourists and anybodypoisoning them is helping wreck the tourist economies ofthese areas.’ A Scottish Executive spokeswoman said:‘Wildlife crime is serious crime, particularly when it affectssuch iconic species as the golden eagle.’

LEGAL EAGLETHE RSPB’S INVESTIGATIONS NEWSLETTER

In this issue: Farmer pleads guilty to pesticide misuse • Gamekeeper finedDisturbance, lies and videotape • Sand martin colony bulldozed • Jail fororchid smuggler • Legal Eagle celebrates its 50th issue • News roundup

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LEADING THE FIGHT

AGAINST W ILDLIFE CRIME

Golden eagle in flight

Following an investigation by Northumbria Police andthe RSPB, a Northumberland man has been convictedof eight egg-collecting offences.

On 27 June 2006, Wayne Michael Derbyshire was sentencedat Bedlington Magistrates’ Court for eight offences underthe Wildlife & Countryside Act 1981. Derbyshire, from EastAcres, Widdrington, Northumberland, had earlier pleadedguilty to four charges of possessing 851 eggs, including 33 Schedule 1 eggs of the little ringed plover, stone-curlew,red-throated diver, kingfisher and little tern, and threecharges of taking eggs. Following trial on 13 June, he wasalso convicted of possessing items capable of being used to commit these offences.

For this, his first conviction, Derbyshire was sentenced to280 hours’ unpaid work with a 12-month supervisory orderand £75 costs, and was ordered to forfeit both his collectionand his egg-collecting equipment.

Northumbria Police and the RSPB discovered the eggs andother items at Derbyshire’s home and another propertyduring a search in August 2005, and the RSPB assisted withidentification of the eggs, examination of exhibits and thesubsequent interviews of Derbyshire. Throughout theenquiry Derbyshire contested the use of certain items foregg collecting, namely binoculars, maps, books, a metalspike, climbing equipment, a camera, photographs and anegg-blowing kit. However, the court stated that his evidencewas contradictory and implausible, and that they did notbelieve his claim that the climbing equipment was forwinter recreation. He was found guilty with respect to allitems except some of the books.

Northumbria Police have made an application for an Anti-Social Behaviour Order, to be heard in October, to tryto curtail Derbyshire’s movements during the breedingseason. It is believed that this is the first time this approachhas been considered in relation to wildlife crime.

Although the RSPB believes egg collecting is on the decline,this case highlights the need for continued vigilance. TheRSPB would like to thank WCO PC Andy Swinburne for hiscommitment throughout the case and CPS ProsecutorJonathan Moore.

Egg collector sentenced in Northumberland

PROSECUTIONS

A farmer has been fined after her gamekeeper used a rat poisonthat is suspected to have killedtwo buzzards.

On 11 July 2006, farmer RosalynVincent of Wramplingham, Norfolk,pleaded guilty at SwaffhamMagistrates’ to failing to provide hergamekeeper with training in the properuse of pesticides in accordance withthe Food and Environment ProtectionAct 1985. She was fined £2,000 and£400 costs and had two furtheroffences of permitting the unlawful useof a pesticide taken into consideration.

In late 2004 and early 2005, two deadbuzzards were found in a wood on afarm in Carbrooke, near Watton,Norfolk. Analysis confirmed that theirbodies contained a high concentrationof the rodenticide difenacoum and thatthe deaths were due to misuse ratherthan deliberate abuse of a pesticide.Animals scavenging the bodies of

poisoned rodents are vulnerable to theeffects of rodenticides and this caseemphasises the need for thoroughsearches for carcasses after poison baitshave been used. Incidents involving thesecondary poisoning of wildlife havebeen of increasing concern in recentyears, particularly with respect to birdsof prey, such as buzzards and red kites.

Enquiries by Defra and Norfolk Policeestablished that an elderly localgamekeeper was using two productscontaining difenacoum to control ratsaround a pheasant feeding area closeto where the buzzards were found.Though the bait stations had beenproperly set up, the gamekeeper hadfailed to search for and dispose of therat bodies, in compliance with one ofthe statutory conditions for theserodenticides. He was later cautionedregarding this matter, and Vincent, thegamekeeper’s employer and manager,was later interviewed and reported forrelated matters.

Farmer pleads guilty to pesticide misuseRosalyn Vincent is believed to be thefirst person to be prosecuted forthe misuse of rodenticides that aresuspected to have caused wildlifepoisoning. Hopefully it will encourageusers and employers to ensure safeand careful use of these products. The RSPB would like to acknowledgethe efforts of Ed Blane of Defra, AlanRoberts formerly with the NorfolkPolice and Nick Crampton of the CPSin relation to this enquiry.

Training in the proper use and storage

of pesticides is essential

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A gamekeeper has been convicted of poisoning a raven and a common gull on an Aberdeenshiregrouse moor in May 2006.

Hector McNeil, 56, admitted placing common gulls’ eggslaced with the pesticide aldicarb alongside a hilltop track on Glenbuchat Estate, Strathdon, where they killed at leasttwo birds before being discovered. Council rangers out onthe moor carrying out a risk assessment for the route of a public walk came across a dead common gull, a deadraven, and finally a poisoned egg, in which their dog hadtaken an interest. The dog was taken to a vet as aprecaution, and had fortunately suffered no ill effects.

Following the confirmation of aldicarb in the dead birds andbait, SEERAD (Scottish Executive Environment and RuralAffairs Department) and Grampian Police carried out a searchof the estate and outbuildings. Mr McNeil was found to havethree unlabelled jars of aldicarb in his vehicle and garage, and118 common gulls’ eggs, which he said he had taken from acolony on the estate. Stored with the eggs was a bag ofyellow cooking fat, which Mr McNeil said he had used to pickup the granular aldicarb and place it in the egg baits. Four

Gamekeeperfined £350 forpoisoning

unfinished containers of the pesticide Cymag were also found.The RSPB Investigations team assisted with the search of theestate, and the remains of another egg bait were recovered.

On 29 June 2006 at Aberdeen Sheriff Court, Mr McNeilpleaded guilty to three charges under the Wildlife &Countryside Act 1981 (WCA). On 12 July, he was fined £350 for intentionally killing a raven and a common gullusing eggs poisoned with aldicarb and £400 for thepossession of 118 common gull eggs, which he said heplanned to eat and feed to his dog. He also received a £100fine for the possession of Cymag, a prescribed pesticideunder section 15A of the WCA since its amendment by theNature Conservation (Scotland) Act 2004 and thePossession of Pesticides (Scotland) Order 2005. However, a WCA section 18(2) charge of possession for use of thethree jars of aldicarb was dropped, allowing the defence toargue that the poisoning of the raven and gull was anisolated incident.

Research has shown that the incidence of poisoning isstrongly associated with grouse moors, as was the casehere. Given the impact of poisoning on rare wildlife and thethreat that such pesticides present to anyone coming intocontact with them, the RSPB is concerned that a fine of£350 for laying aldicarb baits fails to reflect the seriousnessof the offence and is unlikely to deter others from abusingpoisons in this way.

The RSPB would like to congratulate PC Dave MacKinnon,the new full-time Grampian WCO, on a second significantprosecution completed in only a few months.

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Continuing persecution means ravens

struggle to breed in Grampian, with

only two pairs currently confirmed

A falconer has been fined £500and ordered to pay £500 costsafter the RSPB filmed himdisturbing nesting peregrines in Nottinghamshire.

After a 10-day trial, concluding on 7 July 2006, at Mansfield Magistrates’Court, Martin Groves of Leas Road,Mansfield Woodhouse, was foundguilty on two charges of disturbanceand one of being equipped to commit a disturbance offence. The Home Officerecalled Groves to prison as he was outon licence for another matter. Threeother men were cleared of all charges.

The investigation began following thesuspicious disappearance of a juvenileperegrine from a quarry. The RSPB’sInvestigations team was called upon to keep watch on the nest and itsremaining chick. On 15 June 2005,

the first morning of the operation, twomen were filmed visiting the nest siteand disturbing the adult birds.

Coincidentally, at another peregrinebreeding site in the county, quarryworkers witnessed another manallegedly disturbing peregrines insimilar circumstances. Enquiries at thislocation identified a suspect namedStephen Lewis, of Salmon Lane,Annersley Woodhouse – a Schedule 4keeper of captive peregrines.

Officers from Nottinghamshire Policeexecuted a warrant at his homeaddress on 29 June 2005. Lewis wasarrested and during interview admittedvisiting the site but denied disturbance.More interestingly, Lewis also admittedvisiting the other quarry after it wasfound documented on a calendar at his home.

Disturbance, lies and videotape

Subsequent enquiries resulted in thearrest of two further falconers: LeeButler, of Hazel Crescent, Shirebrook,and Martin Groves. Groves admittedthat he appeared on the RSPB’s videotaken at the first quarry, but would notname his accomplice. A video cameraand short clip of footage seized fromhis house indicated that he had visitedthe quarry and disturbed the peregrineson at least one other occasion in 2005prior to the RSPB operation.

Finally, after a police identificationparade, another falconer – JohnCooper, of Langham Place, Mansfield –was identified as the second manfilmed with Groves and was arrested.Cooper admitted being a close friendof Groves and that he knew ofperegrines at the quarry.

All four men were charged with variousdisturbance offences in relation toperegrines in Nottinghamshire during2005, but only Groves was convicted.The other defendants were found notguilty, despite District Judge MorrisCooper suggesting Lewis and Butlerhad lied and had probably disturbedthe birds. In the case of John Cooper,the judge remarked on his remarkablesimilarity to the man on the video, butdue to other evidence and an alibi fromhis wife he was found not guilty.Similarly, with regard to Lewis, whowas found hiding opposite the nest bythe quarry workers, the judge said hecould not be sure what exactly theperegrines were dive-bombing, despiteevidence from two witnesses.

The RSPB would like to thankNottinghamshire Police Officers PCJoanne Dickson and DC John Naylor,Rod Chapman at Nottinghamshire CPSand barrister Richard Singer.

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Caught on camera: Groves (right)

and the unidentified suspect

Peregine

Two men have each been given a 12-monthconditional discharge and ordered to pay £364 costsfor intentionally destroying a song thrush’s nest.

While driving through Willington, Bedfordshire, on 16 April2005, RSPB Investigations Officer Mark Thomas noticed aJCB clearing a large amount of scrub on an area of wasteground that was likely to harbour nesting birds.

On noticing Mr Thomas, the JCB driver – Peter Spicer, ofThe Barns, Little Barford, Bedford – stopped work on a largebramble patch near to the public road and continueduprooting trees at the rear of the 35-acre site. Mr Thomasnoted that a pair of song thrushes was feeding nestlings ina nest within the remaining part of the bramble patch.

Bedfordshire Police were called and both the digger driverand the landowner, Tony Kirton, of Brandon Lane, Coventry,were advised of the law relating to nesting birds. The songthrush nest was pointed out to the digger driver and he wasinstructed to only clear scrub that he could see did notcontain birds’ nests.

On returning to the site the next day, Mr Thomas wasdismayed to see that the entire bramble patch had beencleared and the nest destroyed. A witness testified that thedigger driver had returned to the area and removed thebramble only three hours after being spoken to by the

Men found guiltyof intentional nestdestruction

A Perthshire quarry owner who admitted destroyingan active sand martin colony has been fined £400.

At Perth Sheriff Court, Andrew Jackson, 59, pleaded guilty tointentionally or recklessly taking, damaging or destroying anunspecified number of sand martin nests at Orchil Quarry,Braco between 9 and 12 August 2005. The court was toldthat Jackson had been warned by birdwatchers that the faceshould be left standing until September, so that the birdscould fledge. Of the 300 nests in the colony, a witness saidthat up to 10 were still active on 4 August. Mr Jackson’slawyer said that Jackson had thought that the birds hadfinished breeding by the time he flattened the area.

Jackson told the court that now the quarrying contract hadbeen completed, he planned to restore it to agriculturalland. However, the RSPB has learnt that the site has beenearmarked for a housing development.

The RSPB would like to thank Alan Stewart, Wildlife CrimeCo-ordinator with Tayside Police, for the hard work heinvested in this case.

Sand martin colonybulldozed

police. Spicer and Kirton were both charged withintentionally destroying the nest.

A two-day trial took place at Bedford Magistrates’ Court on10–11 July 2006. The defence claimed that the police hadnot been specific about any nests, and that the bushes werebeing cleared to enable treatment of ragwort – a noxiousweed that was growing on the site. The court heardevidence from nest expert Humphrey Crick, of the BritishTrust for Ornithology, and was told that Bedfordshire CountyCouncil had recently twice refused planning permission forthe land partly because of its value to wildlife.

The RSPB wishes to thank all the witnesses and barristerRichard Singer for their efforts.

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The digger driver destroyed the nest

just hours after speaking with police

Sand martins

A Burnley taxidermy dealer hasbeen fined £2,000 for buying andoffering for sale a variety ofstuffed birds and other animalsprotected by CITES.

Alec Cunningham of Plumbe Street,Burnley, pleaded guilty to five chargesunder the Control of Trade inEndangered Species (enforcement)regulations (COTES) 1997 at BurnleyMagistrates’ Court on 26 April 2006.In August 2005, Lancashire PoliceWCO Duncan Thomas, assisted byRSPB officers, searched Cunningham’ssecondhand shop and seized three

snowy owls, two kestrels, a Eurasianotter and a West African dwarfcrocodile, as well as a small collectionof wild bird eggs. Price tags attachedto two snowy owls, two kestrels andthe crocodile indicated that they werebeing offered for sale without Article10 certificates.

The otter and another snowy owl hadalso been purchased without therequired CITES documents. KimMacDonald of the Guild ofTaxidermists examined the stuffedspecimens and provided valuableevidence concerning their age. The

Taxidermy dealer fined for CITES offencesWest African dwarf crocodile is apoorly known species that is listed as‘Vulnerable’ on the IUCN Red Data listof threatened reptiles, and is listed onAppendix I of CITES.

Following examination by the RSPB, 32 of the seized eggs were identified asthose of ‘wild birds’ protected by theWildlife & Countryside Act 1981,including the Schedule 1 species littletern, chough and redwing. In additionto the COTES offences, Cunninghamalso pleaded guilty to possession of theeggs and was fined a further £200. Allthe seized items were forfeited.

In January 2006, Dr Sian TiongLim, a pharmaceutical researcherfrom Putney, London, wassentenced to four months’imprisonment after pleading guilty to 13 charges relating tothe illegal importation of rareorchids. Guy Clarke, of HMRC (HM Revenue & Customs), reports:

‘Customs Officers at Heathrow Airportstopped Dr Lim in May 2004 and found

a large number of live orchid plantsfrom Malaysia in his luggage. Due tothe delicate nature of the plants andthe need for specialist advice, theplants were transferred to the RoyalBotanic Gardens at Kew andindividually identified. 126 of theplants were found to be of species in Appendix I of the Convention onInternational Trade in EndangeredSpecies of Wild Flora and Fauna(CITES) and Annex A of the EU Wildlife

Regulations, including the Asianslipper orchids Paphiopedilumrothschildianum, P. sanderianum andP. gigantifolium. None were coveredby appropriate CITES permits.

‘A case file was prepared for theRevenue and Customs ProsecutionOffice (RCPO), and proceedingsagainst Dr Lim began. Although Lim denied importing the orchids for financial gain, the Crowndemonstrated the commercial natureof the importation. A four-monthprison sentence was imposed for eachof 11 charges relating to Appendix Ispecimens and a further three monthsfor two charges relating to specimensof species in Annex B of the EUWildlife Regulations also found inLim’s luggage. The sentences were to be served concurrently.

‘This was the first prosecution forillegally imported plants for some 18 years and would not have beenpossible without the dedication of the Case Officer Ann Ainslie from theHMRC CITES Team at Heathrow. She is grateful for the support shereceived from the RCPO, Roy Pitt atDefra and the staff at Kew Gardenswho identified and tirelessly cared for the plants and provided the expert witnesses and necessaryscientific support to Ann. It is hopedthat some of the plants will bereturned to Malaysia.’

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Jail for orchid smuggler

With a circulation of over 2,300copies, Legal Eagle has becomethe most regular source ofinformation on wildlife crime forWildlife Crime Officers (WCOs)and many others. Here, the RSPBreviews the key events reportedby Legal Eagle since it first rolledoff the press in July 1993.

First issue, Summer 1993The four black-and-white pages of thefirst issue of Legal Eagle featured ayouthful PC Phil Cannings on its frontcover with a poisoned red kite. Phil, stilla WCO, has progressed to the rank ofInspector, but for red kites, the news ismore mixed. Following re-introductionprojects, the population has expandeddramatically to around 1,000 pairs, butillegal poisoning remains a seriousproblem – there have been at least 81further victims, although the actualfigure is likely to be far higher.Poisoning continues to have a seriousimpact, particularly in Scotland, on theability of the population to expand.

This first issue also reported the firstwildlife conviction using DNA profiling.In this case – the last privateprosecution taken by the RSPB – aMerseyside falconer was fined just£100 for laundering four wild goshawkchicks as captive-bred. From then on,DNA testing has been firmly on thescene and featured in several highprofile cases during the 1990s. In

conjunction with Defra registrationrecords, use of this technology led tothe conviction of 16 people thatotherwise would not have beenpossible. DNA testing has a cleardeterrent effect and the RSPB hopesthe technique will be extended to otherspecies in the future.

Winter 1993An English Nature hen harrier surveyreported only 16 breeding attempts inEngland. Some 13 years on, thepopulation of this heavily persecutedspecies remains at the same perilouslylow level.

Spring 1994Terry Rands, the Assistant ChiefConstable of Essex Police, retired in this year. He was instrumental in theestablishment of the WLO network (nowWCO) in the mid 1980s. His role as leadofficer on wildlife issues was filled byMike Taylor, DAC of the MetropolitanPolice, and Mick Brewer, DCC ofWarwickshire Police, who guided theWCO network and PAW for over sevenyears before handing over to RichardBrunstrom, the CC of North Wales.

Summer 1994In the face of strong objections fromenforcement and conservation bodies,the DoE (Department of theEnvironment) decided to remove therequirement to register certain birds.Today, despite the obvious deterrentand enforcement value of registration,DoE’s successor Defra continues toconsult on its merits and we await theoutcome of another consultation thatstarted in 2002.

Winter 1994Operation Avocet – a Wiltshire Policeand RSPB enquiry into members of thesecretive Jourdain Society – resulted insix convictions for egg collecting anddisturbance offences and the removalof charitable status from the society.

Summer 1995Covert RSPB video footage was usedfor the first time – to convict agamekeeper in Dorset who wasfilmed setting a pole-trap. The RSPBhas continued to use this method and it has contributed to theconviction of over a dozenindividuals for raptor persecution.

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Autumn 1995A complex enquiry by NorthumbriaPolice and the RSPB into thelaundering of over 20 peregrines (seeabove) resulted in an 18-monthcustodial sentence – a landmarkCOTES conviction. A subsequent failedappeal also provided a valuable HighCourt ruling on COTES.

WLO Conference 1995This special (unnumbered) issue ofLegal Eagle was produced for thenational WLO conference hosted byCheshire Police. Andy Jones left forpastures new after 10 years in theRSPB Investigations unit, five of themas Head of Investigations, during whichtime he was instrumental in helping todevelop the WLO network and theEurogroup against Bird Crime (EABC).

Spring 1996The Partnership for Action againstWildlife Crime (PAW) was launched.Less positive news was the calls fromthe Scottish Landowners’ Federationfor the licensed killing of raptors. TheUK Raptor Working Group, includingrepresentatives from government,conservation, shooting and otherorganisations, started a lengthy project that culminated in a detailedreport in 2000. This firmly rejected theoption of licensed killing, promotedmore monitoring and research andcalled for more enforcement againstthose involved in raptor persecution.Unfortunately, there has been littleprogress in this area to date and it is

Peregrine chick seized for DNA testing

hoped the National Wildlife Crime Unit will bring a more proactive andstructured approach to this seriousconservation problem.

Summer 1996A dealer in animal parts was convictedafter information was passed by theRSPB to HM Customs and Revenue(HMCR). The dealer received 18months’ imprisonment for smuggling a number of CITES-listed specimens,including a skull of the criticallyendangered Philippine eagle.

Autumn 1996 Another major CITES case wasreported after an undercover RSPCAoperation enabled the police to seize125 rhino horns valued at £2.8 million.Four people were later convicted underCOTES, two receiving jail sentences.

Summer 1997A lengthy investigation by BedfordshirePolice and the RSPB resulted in aneight-month prison sentence for afalconer – ironically living in Sandy,home of the RSPB’s headquarters – forsmuggling Eleonora’s falcons from

Mallorca (see right) and trying tolaunder them as captive-bred. Six of thebirds were later returned to Mallorca.

Autumn 1997Two record fines were reported, one of£14,000 for the poisoning of a red kiteand the other a staggering £90,000,handed down to two brothers fromHampshire who were seen collectingeggs by RSPB wardens in Orkney,Scotland. The fine was reduced onappeal and the judges stronglycriticised the lack of sentencing options.

Winter 1997Legal Eagle gained its characteristicblue strap line and increased in length.The National WCO Conference, run foreight years by the RSPB, was handedover to police and Defra, a changemarked by the first award of WildlifeEnforcer of the Year to an officer – SgtIan Guildford from South Wales Police.

Spring 1998Suffolk Police secured the firstconviction under the HabitatsRegulations 1994, following a caseinvolving great crested newts.

Summer 1998A long-running saga began when aparrot keeper smuggled criticallyendangered Lear’s macaws into theUK. He was eventually convicted in2000 by HMCR and jailed.

Autumn 1998The National WCO training course, set up by Warwickshire Police, waspiloted. This has continued to thepresent day and allows WCOs toreceive excellent training from a rangeof organisations.

Winter 1998The first badger prosecution using DNAevidence was brought by the RSPCA.The late Donald Dewar, Secretary ofState for Scotland, branded thepersecution of raptors a ‘nationaldisgrace’ following a damning report bythe Scottish Raptor Study Groups.

Spring 1999The first COTES conviction in Scotlandfollowed an undercover sting by theHighland Police of a Dutchmanattempting to deal in wild peregrines.

Summer 1999Two men were caught andsubsequently fined for trying to raid awhite-tailed eagle nest on Mull. Thishighlighted the value of OperationEaster, an intelligence-gatheringinitiative launched by the TaysidePolice in 1997.

Autumn 1999A prolific collector was convicted fortaking eggs of a range of Schedule 1species, despite no eggs beingrecovered. This followed extensivework on his records by the RSPB,

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Eleonora’s falcon seized in Sandy, 1995

White-tailed eagle

supported by information fromOperation Easter. The first WildlifeCrime stand appeared at the nationalBritish Birdwatching Fair and anumber of similar initiatives havecontinued around the country.

Summer 2000The Metropolitan Police secured thefirst UK conviction for trading inshahtoosh shawls. Following excellentwork by Norfolk Police and the CPS, agamekeeper was convicted for wildlifepoisoning offences, and the casestarted to explore the responsibilitiesof managers and employers over theimproper use of pesticides on sportingestates.

Winter 2000The long-awaited amendments to theWCA in England and Wales were finallyintroduced through the Countryside & Rights of Way Act 2000 (CRoW),including wider sentencing options andimproved enforcement powers. Thisissue also reported on the RSPB’sinvolvement in investigating the wide-scale illegal trapping of migrantbirds on Cyprus, with some graphiccovert video featuring on BBCCountryfile. This galvanised theauthorities into action and there hassince been a huge reduction intrapping, saving millions of birds.

Spring 2001The efforts of the RSPB during a prolonged and arduous covertoperation were rewarded by the firstconviction of a gamekeeper for killing ahen harrier. The evidence – a video ofthe incident (see below) – was passedto Grampian Police and the keeper wassubsequently fined £2,000. Despite thesuccess of this and another case in2006, persecution of harriers and otherraptors remains a persistent problem.

Winter 2001A prolific egg collector received the first custodial sentence awarded underthe WCA following a determinedinvestigation by Northumbria Police andthe RSPB. Since this landmark, a furthereight egg collectors have received jailsentences and, encouragingly, collectingappears to be on the decline.

Spring 2002The longest prison sentence for awildlife case – six-and-a-half years –was awarded after a 13-week trial. This followed a long investigation byNorfolk Police and HMCR into thesmuggling of CITES specimens fromThailand and COTES offences.

Spring 2005The attitude of the courts to raptorpersecution was emphasised when agamekeeper lost his appeal against a three-month suspended sentence fordestroying the contents of a goshawknest in Derbyshire. This was the firsttime such a sentence had beenawarded for raptor persecution.

Summer 2005Two more gamekeepers were under thespotlight, having been fined £5,000after the RSPB filmed them clubbing abuzzard to death. We also saw thedeparture of Graham Elliott as RSPBHead of Investigations after nine yearsat the helm, to be replaced by Ian West.

Caught on camera: the convicted

gamekeeper carrying the hen harrier

he had just shot

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Autumn 2005Increased penalties and powers of arrestfor COTES offences finally arrived.

That brings us to the present day. Despite improvements tolegislation and the development of PAW and the WCO network, the RSPB firmly believes thatimproved enforcement is the keyto reducing wildlife crime andthat much more needs to be done.

The RSPB is grateful for the helpand assistance of all those wehave worked with over the last 13 years. It will be interesting tosee what lies ahead over the next50 issues of Legal Eagle.

Summer 2003Improved legislation in Scotland underthe Criminal Justice (Scotland) Act2003 was announced; there were to befurther improvements in October 2004under the Nature Conservation(Scotland) Act 2004.

Spring 2004Operation Artemis (see above) waslaunched to tackle hen harrierpersecution, following moves by policeand government to target enforcementwork towards conservation priorities.Bats, trade and SSSI damage werealso put forward as new priorities.

Winter 2004A gamekeeper in Scotland wasprosecuted for the poisoning of 16 buzzards and a goshawk, followingan enquiry by Lothian and BordersPolice and the RSPB, resulting in aheavy fine of £5,500.

CC Richard Brunstrom (right)

and PC Henery at the launch

of Operation Artemis

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5Some of our readers sendcongratulatory messages on our 50th issue:

I wish to congratulate Legal Eagle onreaching its 50th issue. The magazine is an invaluable source of up-to-dateinformation on bird crime related issues,read avidly by all in the business. The factthat the magazine has grown in size sinceits launch has mirrored the continuedsuccesses in wildlife crime enforcements,something in which all concerned should beextremely proud. Keep up the good work!Richard Brunstrom, Chief Constable,

North Wales Police and ACPO Lead Officer

on wildlife and environmental crime

Many congratulations to Legal Eagleon reaching 50. Your publication is anexcellent information medium not only for law enforcement agencies but for like-minded organisations and individualstoo. The fact that it is now a quarterlymagazine is testament to the consistentlyhigh standard of material contained therein.I would like to take this opportunity to wishyou continued success for the future.Paddy Tomkins, Chief Constable, Lothian

and Borders Police and ACPO(S) Lead

Officer on wildlife crime

Congratulations to all involved incontributing to and publishing Legal Eagleup to this, the 50th issue. So much hasbeen achieved but there is so much still tobe done. So, as they say here in Norfolk –‘keep a troshing’. On a personal note,since retirement over 12 years ago, LegalEagle has kept me informed about theenforcement of wildlife crime, which hasbeen much appreciated.Terry Rands, Former Assistant Chief

Constable, Essex Police and originator of

the concept of the Police Wildlife Liaison

Officer.

Many magazines fold relatively quicklyafter a publicity-fuelled launch, but LegalEagle has done the reverse, growing everstronger from a relatively modest start. I know that in my six years as co-chair of the UK’s PAW initiative I found it aninvaluable source of reference about whatwas really going on in terms of bird crimeenforcement. Sincere congratulations onreaching such a significant milestone.Martin Brasher, Head of Wildlife and

Habitats Division, Defra

Sincere congratulations to the RSPBInvestigations Unit for establishing theirLegal Eagle newsletter in the first place.But equally importantly, for maintainingand enhancing it along the way to its 50thissue. Over the last decade or so, LegalEagle has played a valuable role inreporting on wildlife enforcement casesand highlighting key issues. In addition, it has been an extremely effective way of highlighting the often unseen andfrequently under-recognised contributionsmade by police and customs officers ininvestigating wildlife crime cases, often in highly challenging circumstances. I ampleased to report that I have read everyissue from cover to cover, have enjoyedthem all and have learnt a great deal too.Thanks to various editors and contributors– I’m looking forward to the next 50!Nick P. Williams, Chief Wildlife Inspector,

Defra Wildlife Species Conservation

Division

Like me, Legal Eagle has seen extensivedevelopments in the wildlife lawenforcement community since the early1990s. The newsletter has played animportant role in communicating news of successes, and sometimes frustrations,to that community. In its own way, itprovides a vital learning opportunity forreaders far and wide, even in Geneva!Best wishes and congratulations onreaching your half-century!John Sellar, Anti-smuggling, Fraud and

Organised Crime Unit, CITES Secretariat,

Geneva

I have been a recipient of, and indeedsubject in, the RSPB’s Legal Eagle since itstarted in 1993. It continues to provide mewith valuable information and in the earlydays went a long way to help convincesenior officers that wildlife crime was outthere. Well done to all involved, as I knowthe dedication needed to put togethersuch a regular publication. I look forwardto the next 50.Chris Kerr, Head of Unit, UK National

Wildlife Crime Unit

Well done and congratulations onproducing a valuable and informativepublication for wildlife crime enforcers allover the world. May Legal Eagle continueto thrive for many more issues to come.Guy Clarke and the HM Revenue &

Customs CITES Team, Heathrow Airport

Congratulations on turning 50. You havebeen a good inspiration for my colleaguesand I in Norway. We look forward toreading the next 50.Terje Axelsen, WLO, Norwegian Police

Legal Eagle is without doubt one of thebest publications for raising awarenessand outlining the work done byorganisations involved in enforcing wildlifelegislation. It is good that it covers otherissues such as bat crime and habitatdamage on occasion. It is nice to know thatthe public can have access to it as well. ForPWCOs it is without doubt the main way offinding out what other PWCOs have beendoing. Keep up the good work!PC Nige Lound, WCO, Lincolnshire Police

The Legal Eagle bulletin is invaluable forkeeping abreast of bird crime trends,cases and sentences throughout the UK. I look forward to the next 50 issues! Well done RSPB.Alan Stewart, WCO, Tayside Police and

‘Operation Easter’ co-ordinator

The support that this newsletter gives tothe work of detecting and preventingwildlife crime has been evident from thefirst publication. It continues to providemuch needed information not only toWildlife Crime Officers but also to thosewho are in a position to change legislationto the benefit of wildlife. Can I congratulateLegal Eagle and the staff working behindthe scenes on reaching the 50th issue and I look forward to many more.Bob Philpott, RSPB Council and former

Chief Inspector, Wiltshire Police

Congratulations on the 50th issue. I was around from Issue No. 1 and I havewatched it improve issue by issue. Keepup the good work.Paul Beecroft, Hawk Board and former

WCO Thames Valley Police

Having been involved in the preventionand detection of wildlife crime for over 10 years, Legal Eagle has always been an invaluable source of information in this area. I would like to congratulate theRSPB on this splendid publication andhope that it will continue to go fromstrength to strength.Sgt Ian Guildford, WCO, South Wales Police

Congratulations to all involved at theRSPB in sustaining Legal Eagle throughto its 50th issue. Please be in no doubt that Legal Eagle continues to offer up-to-date and highly relevant informationand guidance to all involved in wildlife lawenforcement. Keep up the good work.Mick Brewer, former Deputy Chief

Constable, Warwickshire Police

Many happy returns to Legal Eagle

0Congratulations on reaching the 50thissue. 2,000 postings is in itselfimpressive, but of course readership is far in excess of that. It is a magazine thatswaps hands many times in a lot of ourpolice stations. I always look forward toreading Legal Eagle, and like in particularthe way that it has evolved to cover abroader range of wildlife crime reportsthan those purely relating to birds. Welldone to all involved.Sgt Pete Charleston, Wildlife and

Environmental Officer, North Wales Police

Congratulations to all at Legal Eagle onreaching its 50th issue. It can only getbigger and more successful. All the bestfor the future. The white-tailed eagle isnearing 50 (pairs) as well!PC Finlay Christine, WCO, Isle of Mull and

Mull Eagle Watch

Legal Eagle is a very useful publication,and the nearest we have to ‘wildlife crimelaw reports’. As such, I have used thecontents in court, particularly as guidancein sentencing, without any adversecomment from defence solicitors.Nick Crampton, Crown Prosecution

Service, Norfolk

Legal Eagle is invaluable in helping personsenforcing wildlife legislation keep abreast of current cases. This in turn facilitates theexchange of information between partnersand thus promotes better enforcement,thereby creating a virtuous circle.Sgt Mark Barrett, WCO, Wiltshire Police

Dealing with wildlife issues is extremelycomplex and we are learning every day.We need the support of the NGOs andother enforcement departments to dealwith the job effectively. Publications suchas Legal Eagle are a great tool to have forassisting those involved in enforcement; it keeps us up to date with other casesaround the country and internationally,and contributes to effective wildlife crimepolicing. From my own knowledge, thismagazine is read in North America andCanada, and it was shown at a recentconference in Canada as an example of a useful tool to enable effective wildlifeenforcement. Here’s to another 50 issues.PC Craig Fellowes, Environmental Crime

Officer, Warwickshire Police

I send you my best wishes on reachingLegal Eagle number 50. It is so importantfor our associations to be aware of birdcrime issues in Europe and othercontinents. Congratulations on your goodjob and go further!Hugues Fanal, Director, Bird Protection

Belgium (LRBPO-KBVBV); Chairman,

Eurogroup Against Bird Crime (EABC)

Congratulations on the 50th issue of LegalEagle. The information and articles are firstrate and we look forward to the centenaryparty? One might say that Legal Eagle is‘Fly by nature but not fly by night!’Kim McDonald, The Guild of Taxidermists

Hearty congratulations to all the Legal Eagleeditors for the anniversary 50th volumewith thanks for their hard and very valuablework – showing us in the central Europeancountries how to proceed with bird crime.And for the Legal Eagle a long, long flightand as few illegal eagles as possible! Zdenek Vermouzek, Czech Society for

Ornithology

Legal Eagle is always an interestingsource of information on illegal practisesin other countries. It is good to learn about investigations and the ways to bring illegal traffickers to court. LegalEagle should be copied by each countryand by BirdLife Europe. I would be happyif the German BirdLife Partner had such a strong and successful Investigationssection like the RSPB. Over the years, the RSPB has helped me to detect manycases in Germany. For example, a fewyears ago, acting on intelligence providedby the RSPB, two German falconers wereimprisoned for nest robbing and trading in 100 ravens, 100 goshawks, 65 red kites,25 black kites and 25 sparrowhawks.Some of the confiscated red kites werereleased in the UK. Thanks again.Helmut Brücher, CITES-Sachverständiger,

Rohrbeck, Germany

PAW partner, Mull of Kintyre Seatours,congratulates the achievement of a half-century by Legal Eagle – a must-read forthose of us involved in the commercialsector of conservation.Michael Taylor, former Deputy Assistant

Commissioner, Metropolitan Police

Congratulations on your 50th issue. It hasbeen good to see the flying mammalsincluded also – you have covered somebat cases that have been very useful inclarifying our understanding of some legal terms. Legal Eagle is an excellentpublication – informative, interesting andinspiring. As long as bird and wildlifecrime continues, may it go from strengthto strength.Alison Rasey, Investigations Officer,

The Bat Conservation Trust

Legal Eagle provides those of us onlyperipherally involved with the problem ofwildlife crime with a periodic insight intoits development and its significance forconservation more widely. Keep it up!Professor Jeremy Greenwood, Director,

British Trust for Ornithology

Legal Eagle is one of the main sources of reliable information on wildlife crime in the UK and elsewhere, whether onoffences, prosecutions, convictions orenforcement initiatives. The RSPB is to be congratulated on continuing to producethis publication, which is a major aid to all those involved in the effectiveimplementation of wildlife law in the UK.Dr Vin Fleming, Head of International

Unit, Joint Nature Conservation

Committee

On behalf of the Devon and CornwallConstabulary, I would like to congratulatethe RSPB on the quality of the Legal Eaglepublication as it publishes its 50th issue.The publication is a reference point for allenforcers to learn from and it has provedinvaluable as a networking tool to link toothers who have dealt with or are dealingwith similar cases I have been involvedwith. I have used the publication as areference point in the training of WCOs,something that has been made easy by the concise content and non-technical and plain English used! It is great that withthe expansion of the WCO role and theincreasing variety of cases of wildlife crimethat enforcers deal with, the publicationhas widened to include all types of casesin its coverage. Congratulations and I lookforward to seeing the 100th issue!Inspector Nevin Hunter, WCO, Devon and

Cornwall Police

In my former capacity as the country’smost senior operational PWCO, I foundLegal Eagle invaluable in helping me tokeep abreast of developments in wildlifecrime. Its style and content both informed and encouraged police officersto become involved in their own wildlifeinvestigations, strengthened by theknowledge that similar cases had resultedin successful prosecutions. Best wishes for the next 50 issues and beyond.Steve Parnwell, Principal Consultant,

Greenwillows Associates Ecological

Services and former Chief

Superintendent, Cambridgeshire Police

This invaluable publication should berequired reading for anyone concernedwith wildlife law. It has served me well formany years, both as a teaching aid andresearch tool. It contains vital informationthat is almost impossible to obtainelsewhere and its quality is recognised bythe fact that it has been included inreferences in articles in refereed journals.Bridget Martin, Senior Lecturer in Law,

Lancashire Law School, University of

Central Lancashire.

In June 2006, egg thieves raidedthe nest of a pair of roseate terns –the UK’s rarest breeding seabird –on Coquet Island nature reserve,just off the Northumberland coast.

Coquet Island is home to virtually theentire UK breeding population of

Egg thieves target Coquet

NEWS

On 25 May 2006 Colin Watson fell to his death from a tree while apparently trying to check the contents of a sparrowhawk’snest. Watson was a notorious egg collector in the 1980s and early 1990s, taking multiple clutches of ospreys, choughs andperegrines amongst others. He had seven convictions for collecting. A number of egg collectors and falconers have beenbadly injured or killed over the years during raids on birds’ nests and this latest tragedy emphasises the extreme risk thesepeople are prepared to take.

Egg collector falls to his death

roseate terns. In 2005, 91 pairs nestedon the island. On 10 June 2006, anestbox used by a pair of this red-listedspecies was discovered overturned,leading to the suspicion that a clutch offreshly laid eggs had been stolen. Anunidentified boat was believed to havelanded illegally a few days previously,

leaving behind a length of green ropetied to a mooring ring directly belowwhere the terns nest.

Northumbria Police Wildlife CrimeOfficers launched an immediateinvestigation and worked with theRSPB to protect the nesting sea birdsfrom further thefts. The force’s MarineUnit Officers patrolled around theisland and the RSPB providedphotographs of boats seen. Eggs wereforensically marked and the RSPBincreased the number of wardens onthe island to provide 24-hour cover,backed up by CCTV monitoring.

Roseate terns, and their nests andeggs, are fully protected by UKlegislation. Anyone disturbing, killing,injuring or taking the birds, their nestsor their eggs can face a fine of up to£5,000 for each incident and face sixmonths in prison.

The RSPB is offering a reward of up to £1,000 for any information leading to the arrest and conviction of thoseresponsible.

On 20 June 2006, members of thepublic alerted nature reservewarden Andrew Cleeve to thepresence of two dead raptors hungwith twine from a tree near theHampshire County Council studycentre at Bramley Frith Wood,Tadley, Hampshire.

A joint RSPB and Hampshire Policeinvestigation revealed that the birds

Buzzards shot in Hampshirewere both buzzards and had been shotvery recently. X-ray analysis showedthat collectively the birds’ bodiescontained over 60 shotgun pellets. The story was featured on regionaltelevision with an appeal forinformation by Hampshire Police WCOPC Lee Coleshill, but so far we haveheard nothing. We believe that theanswer to progressing this enquiry lies within the shooting community.

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The Natural Environment and Rural Communities(NERC) Act 2006 gained Royal Assent on 30 March2006. The Act, which extends to England and Wales,establishes Natural England as an entity, evolvingfrom English Nature, parts of the Countryside Agency,and most of the Rural Development Service.

Some sections introduce new enforcement provisions intothe Wildlife & Countryside Act 1981 (WCA). A number ofthe provisions came into force on 31 May 2006; others willbe commenced in due course.

Enforcement provisions taking effect from 31May 2006:

• Extra protection for nests of certain birds. The nests of certain wild birds are given extra protection. Anamendment to Section 1 WCA makes it an offence totake, damage or destroy the nests of certain wild birds atany time of the year. The birds concerned are currentlythe golden eagle, white-tailed eagle and osprey (listed ina new Schedule ZA1 to the WCA).

• Police power of entry to premises. The Act definespremises (which includes land) and allows the police toenter any premises, other than a dwelling, where they

The NERC bill becomes lawsuspect with reasonable cause that an offence under Part 1 of the WCA has been or is being committed.Powers to take other personnel or equipment have beenclarified. The existing powers of entry under warrant insection 19(3) of the WCA have been extended to theDestructive Imported Animals Act 1932, the Conservationof Seals Act 1970, the Deer Act 1991 and the Protection ofBadgers Act 1992 (‘the other four Acts’).

• Powers to take samples. The Act has introduceddefinitions of ‘specimen’ and ‘sample’ and amendedpowers of police and wildlife inspectors to take samples.

• Time limits for bringing prosecutions. The Act increasesthe time limits for summary offences under Part II of theWCA and the other four Acts. Proceedings may now bebrought within six months of sufficient evidence towarrant the proceedings coming to light, but within twoyears of the commission of the alleged offence.

• Two technical provisions relating to SSSIs. The Actprovides protection to SSSIs where there has been failureto serve a notice on an owner or occupier as requiredunder various provisions, despite all reasonable steps todo so having been taken. It also makes a technical changeto the power to denotify SSSIs.

Continued overleaf

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Osprey

Wildlife InspectorsInspectors’ powers are set out in Schedule 5 of the Act,which also introduces the concept of Group 1 and Group 2offences (see full text of the Act for details).

Enforcement provisions taking effect fromOctober 2006

• The remaining measures relating to SSSIs. Specificallythe Act creates two new offences. The first is a newoffence for certain authorities (broadly speaking, publicbodies and statutory undertakers) to permit the carryingout of an operation that damages an SSSI withoutfollowing the various existing legislative requirements or reasonable excuse. The second builds on the existingthird party offence in 28P(6) of intentional or recklessdestruction or damage to the listed features of an SSSI,or disturbance of its listed fauna, without reasonableexcuse, but removes the requirement to prove knowledgethat the land affected is an SSSI. Accordingly, it carries alower penalty.

The Act also makes provision for Natural England and the Countryside Council for Wales to erect, maintain andremove signs/notices relating to and on SSSIs. The Actmakes it an offence to intentionally or recklessly, andwithout reasonable excuse, take down, damage, destroyor obscure those notices or signs.

• Keeping of Schedule 4 birds. Anyone convicted ofpossessing a Schedule 4 bird that has not been registeredand ringed or marked in accordance with current legislationwill be committing an offence if they possess any Schedule4 bird within a period of five years after that conviction.

• Extra protection for captive bred birds released as part

of a re-introduction or re-population programme. A newsection 1(6) WCA extends the protection afforded to wildbirds under section 1 of the Act to birds that have beenbred in captivity and lawfully released into the wild aspart of a re-population or re-introduction programme. Italso extends the sale offences found in section 6 of the1981 Act to such birds.

• Sale of certain non-native species. The Act makes it anoffence to sell, offer or expose for sale, have in yourpossession or transport for the purpose of sale certainlive non-native species that are banned by Order. Thesespecies will be identified following a public consultation.

• Codes of Practice relating to non-native species. TheSecretary of State may issue or approve codes of practicerelating to non-native species. Failure to comply withsuch a code is not in itself an offence; however it may be used as admissible evidence in any criminal or civilproceedings and a court must take account of a failure to comply with the code where it considers this relevant.

• Possession of certain pesticides. Section 43 makes it anoffence to possess a pesticide containing a prescribedingredient unless it can be shown that possession was for lawful use in accordance with relevant pesticide,biocide or poisons legislation. Defra will consult on whichpesticides should be prescribed before they are listed onan Order.

Where an inspector reasonably believes that an offencehas been committed under section 43, he may enterpremises, require a person to give information about asubstance or seize a substance found on the premises if he thinks it may be banned under section 43.

• Code of Practice. The Act gives the Secretary of State thepower in the future to issue a Code of Practice describingthe behaviour expected of inspectors whilst carrying outtheir duties. The code may be used in court as evidence if an inspector does not comply with it.

• Application of Part I of the 1981 Act to the Crown. Part Iwill apply to people in the service of the Crown, such ascivil servants, as it applies to any other person. Powers of entry for enforcement purposes granted to policeconstables and wildlife inspectors under sections 18X to19XA of the 1981 Act will not apply to premises occupiedby the Crown. For example, there will be no rights ofentry for the purposes of enforcing the 1981 Act over landoccupied by the Ministry of Defence.

• Clarification of the definition of ‘plant’. Schedule 11,paragraph 97(3), clarifies for the avoidance of doubt thatthe definition of ‘plants’ in the whole of the 1981 Act – asfar as it applies to England and Wales, and the territorialwaters adjacent to England and Wales – includes ‘fungiand algae’.

[Adapted from the PAW Bulletin Special Edition June 2006 with kindpermission of Defra. This summary is intended to give guidance only. Thefull text of the Act, together with Explanatory Notes, is available from theOffice of Public Sector Information (OPSI). An electronic version of bothdocuments can be accessed at: http://www.opsi.gov.uk/acts/acts2006.htm]

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Raptor Protection Slovakia (RPS) report on a joint action

with the Slovak Police to foil a suspected nest robber.

On 3 May 2006, Slovak Police seized six peregrine chickshidden in shopping bags behind the driver’s seat and in theglove box of a car driven by a well-known Slovak falconerat the Slovak–Hungarian border. Another car containing twosuspicious persons was also stopped during the incident. In addition, a raven with a taped bill was found concealedin a sock behind the passenger seat.

Following the suspect’s arrest, a search of his houseuncovered maps highlighting many nests of wild birds ofprey. A female golden eagle sitting on two eggs was alsofound, the provenance of which is still being investigated.The investigation came about through the sharing of

Falconer arrested in Slovakia

Carbofuran banned in the US

intelligence between the police and RPS. Two suspects havenow been charged in connection with this investigation andface prosecution. RPS returned all of the peregrine chicks tothe robbed nests and they have now all fledged successfully.

Nest robbery by falconers is a continuing problem inSlovakia. In 2001, a Czech falconer, Josef Kubec, wasimprisoned in Slovakia for one year after a golden eagle’snest was robbed. According to RPS, since 1965, about 200golden eagle chicks, 400–500 saker chicks, 150 peregrinechicks, and 200–400 goshawk chicks have been stolen, alongwith smaller numbers of Eastern imperial eagles and ravens.

RPS is one of the Slovak partners of the Eurogroup Against Bird Crime (EABC), of which the RSPB is the UKrepresentative. See http://www.dravce.sk/en/index.php

agricultural applications, to provide time to find effectivealternatives. This pesticide was banned in the UK in 2001but is still used illegally to poison birds of prey (see coverstory). In the US – where until now carbofuran was widelyused to protect against crop pests – deaths due tocarbofuran poisoning have been recorded in more than 50 species of birds, including bald eagles, golden eagles,waterfowl and migratory songbirds.

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To the delight of conservation groups, the United StatesEnvironmental Protection Agency (EPA) has announced that it is to cancel all uses of the highly toxic pesticidecarbofuran, following an assessment of its associatedecological and human health risks. Carbofuran has causedthe deaths of millions of birds and other wildlife across theUS. The ban comes into immediate effect for the majority of uses, with a four-year phase-out period for six minor

Bald eagle

Each autumn, tens of thousands of migrant songbirds areillegally trapped on the Greek island of Santorini. Poacherslure the birds to ‘limnes’ – man-made drinking pools baitedwith live captive birds.

When migrants land, a concealed poacher tugs on a ropethat releases a net and traps the birds. Finches are targeted,including linnets, goldfinches, greenfinches, chaffinchesand serins. Trapped female birds are often fried and servedwith ouzo, while males are kept as cage birds. The practiceis illegal under the EC’s Wild Birds Directive, as GiorgosKarris of the Hellenic Ornithological Society (HOS, BirdLifein Greece) points out: ‘There is absolutely no legislationthat allows this kind of activity.’

Gerakina, a local pressure group, estimates there arebetween 200 and 500 limnes on the island, and anestimated 50 birds are trapped every autumn.

Last November, using information that HOS had provided, a team of forestry rangers from the Forestry Department of Cyclades and game wardens from the regional HuntingFederation found and destroyed dozens of limnes, althoughnobody was arrested during the operation. VangelisGoudoufas, a forestry official, commented, ‘When we were there, we were able to show that our position wasunyielding, despite all the resistance that we met with. But the fact that we don’t have permanent staff on Santoriniis a major disadvantage.’ Currently, there are only six forestrangers to cover the 24 inhabited islands of the Cycladesarchipelago.

HOS is continuing to put pressure on the forestrydepartment to send wardens to Santorini again this autumn.

Illegal limnes trappers targeted

We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutionsin your force. Send your articles to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL,by e-mail to sarah.eaton@rspb.org.uk or by fax to 01767 691052. The views expressed in Legal Eagle are not necessarilythose of the RSPB. Please help us keep the WCO mailing list up to date by letting us know of any changes.

The RSPBUK Headquarters, The Lodge, Sandy, Bedfordshire SG19 2DL

Tel: 01767 680551

Northern Ireland Headquarters, Belvoir Park Forest, Belfast BT8 7QT

Tel: 028 9049 1547

Scotland Headquarters, 25 Ravelston Terrace, Edinburgh EH4 3TP

Tel: 0131 311 6500

Wales Headquarters, Sutherland House, Castlebridge,

Cowbridge Road East, Cardiff CF11 9AB Tel: 029 2035 3000

The RSPB is the UK charity working tosecure a healthy environment for birds and wildlife, helping to create a betterworld for us all. We belong to BirdLifeInternational, the global partnership ofbird conservation organisations.

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

Printed on environmentally-friendly paper Regd charity no 207076 232-0373-05-06

Write to be read

Linnet – one of the species

targetted by trappers

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