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Legal Eagle 86

The RSPB’s investigations newsletterWinter 2018, No 86

Legal Eagle

Game over for keeperIn this issue: Birdcrime 2017 • Operation Thunderstorm • Meet Superintendent Nick Lyall

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Welcome to the winter issue of Legal Eagle, showcasing how wildlife crime is being tackled in the UK and beyond.

This is our last issue of 2018, and it’s a chance to look back as well as forward.

With the publication of our Birdcrime report it’s clear that the issues we’re up against are still present, but there’s hope in the commitment of organisations whose passion and determination are making a difference. One action-packed case in particular stood out for its drama and successful show of teamwork, which led to the conviction of a gamekeeper in Cumbria. The narrative reads like an action movie: find out more about it on page 4.

The law also came down on a taxidermy trader and a father and son who’d kept a goshawk in squalid conditions, while the consequences of illegal wildlife trade were made abundantly clear by the Metropolitan Police’s Criminal Finance Team. Sadly, a less firm approach was taken by Natural England over the killing

of lesser black-backed gulls in Bowland – read more on page 8.

This issue we introduce our new class of satellite tagged hen harriers. The EU Hen Harrier LIFE project tagged more birds than ever during summer 2018, yet some have already begun to disappear.

The RSPB’s Birdcrime report revealed 68 confirmed incidents of raptor persecution across the UK in 2017. However just four raptor crime-related prosecutions took place that year, just one of which was successful (Keith Riddoch fined for shooting a buzzard on a pheasant shoot, Highlands, Legal Eagle 84 ).

We said goodbye to Bob Elliot as Head of RSPB Investigations in October, but welcomed Superintendent Nick Lyall as Chair of the Raptor Persecution Priority Delivery Group – see page 15.

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by Jenny Shelton, Legal Eagle Editor

Contents

Foreword

ProsecutionsFarmer found guilty of osprey disturbance .............................................................................................3Owl killer caught in the act ..............................................................................................................................4Taxidermy trader fined .....................................................................................................................................6Father and son convicted for keeping a goshawk ................................................................................ 7Proceeds of crime update ............................................................................................................................... 7Natural England apply soft touch to gull killers ....................................................................................8

NewsBorder force seize rare birds’ eggs at airport .......................................................................................9Hen harrier roundup .......................................................................................................................................10Birdcrime 2017 published .............................................................................................................................12RSPB Raptor Persecution Hub launched ...............................................................................................13Gamekeeper cautioned ..................................................................................................................................14Interview with Superintendent Nick Lyall ................................................................................................15Wildlife crime policing strategy launched ..............................................................................................16Red kite shot in Peak District ........................................................................................................................ 17Shot red kite put to sleep ............................................................................................................................... 17Operation Thunderstorm strikes ................................................................................................................18

InternationalFinch trapping banned in Malta .................................................................................................................19Man charged with mass eagle poisoning in Australia ......................................................................19Nations gather to address illegal wildlife trade ...................................................................................19

And finally…Pastures new for Bob and Elsie .................................................................................................................20

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Farmer found guilty of osprey disturbance

Court outcome: On 15 August 2018, Paul Barnes, 58, of Braithwaite was found guilty of two charges of disturbing ospreys at their nest site, contrary to the Wildlife and Countryside Act 1981. He was fined £300 with £2,000 costs at Workington Magistrates Court after a three-day trial.

A man who disturbed a pair of ospreys at a live nest site has been fined.

The Lake District Osprey Project, a partnership between the Forestry Commission, the RSPB and the Lake District National Park Authority, aims to ensure the continued success of breeding ospreys at Bassenthwaite. Since the birds returned in 2001, ospreys have raised over 30 chicks and delighted over a million visitors there.

However in June 2017, Barnes walked a group of schoolchildren underneath the nest during a

wildlife tour of his farm, causing the birds to be disturbed and leave the nest for 20 minutes.

Like all wild birds, ospreys are protected by law under the Wildlife and Countryside Act 1981 and it’s a criminal offence to harm or disturb them during the nesting period. The punishment for doing so can be an unlimited fine and/or up to six months in jail.

There are 21 breeding pairs in England, and are worth £2million per year to the Cumbrian economy.

Annabel Rushton from the Lake District Osprey Project said: “A huge effort has been made to bring the osprey back to Cumbria and here at The Lake District Osprey Project. Local staff and volunteers have worked tirelessly to ensure the birds can nest in safety, while enabling visitors to be inspired by these wonderful birds from the designated public viewpoints. “We would like to thank Cumbria

Police for their support and diligent work in this case, and also CPS prosecutor Rachel Parker.”

PC Sarah Rolland of Cumbria Police said: “Laws are in place to protect all species of birds and, without these laws and their enforcement, these birds will be put at great risk. The osprey is a rare bird in the UK and therefore has a high level of legal protection under Schedule 1 of the Wildlife and Countryside Act 1981. A disturbance like this during the nesting period could be detrimental to their breeding success and their very existence within the UK.“In this instance, there was a clear offence of disturbing a Schedule 1 bird, whilst having young in the nest during the nesting period.”

UPDATE: The Crown Prosecution Service has informed the RSPB that Barnes has appealed the decision, and a fresh trial is now due early in the new year. Watch this space.

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Owl killer caught in the act Court outcome

On 28 August 2018, former gamekeeper Timothy David Cowin (44) pleaded guilty to the shooting of two short-eared owls and possession of a Foxpro electronic calling device contrary to Sections 1(1)(a) and 18(2) of the Wildlife and Countryside Act 1981. He was fined £1,000 with £210 costs and victim surcharge at Lancaster Magistrates’ Court. The Foxpro device was forfeited.

In April 2017, RSPB Investigators witnessed the shooting of two short-eared owls on the Whernside Estate grouse moor in Cumbria. Following a dramatic chase, the police arrested a local gamekeeper who was later convicted.

Gamekeeper Timothy Cowin was fined at total of £1,210 after pleading guilty to the shooting of two short-eared owls. The result came after a fantastic effort by RSPB Investigations, North Yorkshire Police, Cumbria Constabulary and the CPS.

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Tim Cowin is arrested.

Police arriving on the scene.

On 19 April 2017, three RSPB Investigators were undertaking fieldwork on the Whernside estate, Cumbria. A vehicle arrived and a person was seen walking around the moor in the distance. Watching through a telescope, RSPB Investigations Officers saw the man flush and shoot a short-eared owl and despatch the bird by stamping on it. He was then filmed hiding the body within a dry-stone wall. After problems getting a response from Cumbria Constabulary, WCO Sgt Kelly of the North Yorkshire Police Rural Taskforce was contacted and deployed officers to the remote location. In the meantime, a second owl was seen being shot, and filmed being stamped into the ground.

Sgt Kevin Kelly commented: “I remember taking a call in the office. Whilst I was on the phone I heard one of the Investigators in the background saying “He’s killed a shorty”, then shortly after, “He’s shot another one!”. At this point I knew there was no time for messing about. The police often coin phrases like ‘crime has no boundaries’. Today was the day we put this to the test.”

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WCOs PC Carr and PC Davies recovering the body of the first short-eared owl.

The RSPB would like to thank all the officers from North Yorkshire and Cumbria Police, the CPS and other witnesses.

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One of the investigators, Guy Shorrock, covertly filmed Cowin at close range leaving the moor by a gate. However, at this point Cowin spotted the police vehicles, which had just arrived in the valley below. In the process of trying to get a better view, Cowin came upon the hidden Shorrock. After a brief conversation, a chase across the moor ensued, with Shorrock in pursuit. Cowin eventually circled round towards his vehicle where he was met by two onrushing police officers, arrested and later interviewed.

The officers found a Foxpro electronic calling device in Cowin’s vehicle along with his shotgun. A search of the estate located the hidden body of the first owl and a bloodstained rock where the bird had been despatched. The second body was recovered the next day. Post mortem examinations confirmed both birds were shot and tests by the Wildlife DNA Unit at SASA, supported by the Forensic Analysis Fund, confirmed the identity of the bloodstain. The Foxpro device contained calls of peregrine, goshawk, buzzard and

sparrowhawk – the only logical reason would be to draw in raptors to shoot. Raptor worker David Anderson provided expert evidence on this issue. North Yorkshire and Cumbria police compiled the case file and received strong support from CPS.

During mitigation, the court was told Cowin had shot the owls to protect curlews and had since lost his job on the estate. The court commented that Cowin’s actions had been premeditated and his character had been stained. The short-eared owl is a rare breeding bird and in long-term decline. Though a small mammal specialist, they will occasionally take grouse chicks, and the RSPB has received detailed allegations of the intensive persecution of this species on driven grouse moors.

Guy Shorrock said: “In view of the difficulties in securing these types of convictions, we would like to see much stronger deterrent sentences. It is also disappointing that the Moorland Association chose not to rescind the membership of the estate. The

RSPB would like to thank all the officers from North Yorkshire and Cumbria Police, the CPS and other witnesses. In particular, we’d like to thank Sgt Kevin Kelly of North Yorkshire Police and Rachel Parker of the CPS whose determined efforts and attention to detail were instrumental in the success of this case.”

A video of the events can be seen at: https://youtu.be/0-bkVURvGkQ

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Following a report from an RSPB member of staff, a joint enquiry by West Yorkshire and Avon and Somerset Police, supported by NWCU lead to the conviction of a taxidermy trader.

Between May and June 2017 the owner of a pub in West Yorkshire purchased three goshawk taxidermy to be used for display. The specimens were advertised separately as prepared pre-1947. If true, this would have exempted them from the COTES controls with no need for an Article 10 sales certificate.

An RSPB staff member noticed the items on display and contacted RSPB Investigations. Following liaison with West Yorkshire Police WCO PC Darren Parkinson, the specimens were seized and later examined by professional taxidermist David Astley, with financial support from the Forensic Analysis Fund (FAF). He confirmed that the specimens were modern. The NWCU identified Oleksiak as the seller and that

Taxidermy trader fined Court outcome

On 2 August 2018 Jacek Oleksiak, 42, of Blenheim Drive, Yate, Avon pleaded guilty at Bristol Magistrates Court to ten offences. These were nine offences of prohibited sale of Annex A specimens contrary to the Control of Trade in Endangered Species Regulations 1997 (COTES), and a charge of fraudulently evading export restrictions on a specimen exported to the USA without a CITES permit, contrary to Section 170 Customs and Excise Management Act 1979. Oleksiak was given a 12-month Community Order and 100 hours unpaid work with £170 costs. Three taxidermy items were forfeited.

he had been trading extensively in taxidermy on eBay since 2013. The majority appeared legal, though he had advertised over 90 Annex A specimens, some of which had been re-listed several times because they had not sold initially. Some 22 specimens had been sold, all advertised as pre-1947, including the three goshawks. An export of a Eurasian eagle owl to the USA was also identified, and the Animal and Plant Health Agency confirmed no CITES export permit had been issued.

During interview, Oleksiak said that, for a hobby, he purchased items from websites in his home country of Poland and resold them on eBay hoping to make a profit. He admitted that describing them as “pre-1947” was without foundation, and was done so eBay wouldn’t remove his listings. He accepted selling and then exporting a Eurasian eagle owl to the USA without an export permit.

At Bristol Magistrates’ Court, he told the court that he had stopped trading in taxidermy and claimed this was legal in Poland. However, the court was told that the regulations applied in all EU Member States. Magistrates told Oleksiak that they were satisfied that he knew enough to know that permits were required and that describing specimens as “pre-1947” was a misrepresentation to potential buyers. He avoided jail on account of his previous good character, his co-operation and his early guilty plea.

NWCU have expressed their thanks for the support from PC Darren Parkinson, PC Angharad Baynham of Avon and Somerset Police, professional taxidermist Dave Astley and the CPS.

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One of three goshawk specimens in a West Yorkshire pub which sparked the investigation.

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An injured wild goshawk was discovered being kept in appalling conditions at the home of a father and son in Wales. The RSPCA found the bird on Christmas Eve 2017 with a severely damaged wing, overgrown beak and contaminated plumage, living in a foul-smelling aviary with no water. The bird was seized, but after examination had to be euthanised.

Paul Baker and Jess Baker pleaded guilty at Swansea Magistrates’ Court to a number of offences including failing to register the bird and failing to have the bird checked by a vet. The court heard that they had had the bird for approximately three to four years with a broken wing, which was evidence of “a prolonged period of suffering”.

A man currently serving a jail sentence for offering to sell parts of endangered species has been ordered to pay back £100,642 in the next six months or face another three-year jail sentence.

Legal Eagle 84 reported on the conviction of Alawi Abbas in November 2017 for keeping and offering for sale rhinoceros horns, elephant tusks and hippo teeth. He was jailed for 14 months.

A financial investigation under the Proceeds of crime Act 2002 (POCA) was been pursued by the Metropolitan Police’s Criminal Finance Team which resulted in a criminal benefit being agreed at £961,777 and his available assets agreed to be £100,642.

Father and son convicted for keeping goshawk

Proceeds of crime: update

Court outcomePaul Baker, 67 and Jess Baker, 39 of Pontardawe, pleaded guilty to five offences contrary to the Animal Welfare Act 2006 Section 4, Wildlife and Countryside Act Section 1 and Section 6 at Swansea Magistrates’ Court in May 2018.

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Jess Baker also pleaded guilty to offering the goshawk for sale.

The father was disqualified from keeping any bird for four years with a 12-month community order with a 10-day rehabilitation activity requirement with a £200 fine and £300 costs. The son was given a 12-week suspended prison sentence, a ban on keeping any bird for a period of four years and ordered to undertake a 20 day rehabilitation activity requirement. He was also told to pay a £200 fine and £300 costs.

The Inspector said: “Quite simply, members of the public should not be keeping goshawks, wild birds or any wildlife in homes like this. It beggars belief these two people thought it acceptable to keep a badly injured goshawk at home. It was in urgent need of care – and they failed to provide it. Sadly, this bird likely endured a prolonged period of suffering.

“This case sends a clear message that this is not an appropriate way to act if you come across an injured wild animal.”

On 1 June 2018, a Confiscation Order was awarded, and Abbas now has six months to satisfy this order and pay

the £100,642.55 or return to prison for three years. Any other major funds, valuables or

property up to the benefit amount that he accumulates during his lifetime will be removed from him as and when they come to police notice.

DC Sarah Bailey of the Metropolitan Police Wildlife Crime Unit (WCU)

said: “I think this shows in no uncertain terms that the illegal wildlife

trade does not pay and those found guilty of offences will be punished to the full extent of the law and stripped of assets now and in the future as a deterrent.”

The injured goshawk.

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Over several decades, there’s been a complex history of the large-scale culling of lesser black-backed gulls on the Bowland Fells SSSI. As this is a national and internationally important population, any such actions need consent from Natural England (NE).

Following the illegal killing of 35 lesser black-backed gulls by a gamekeeper from the Abbeystead Estate, Bowland, Lancashire in 2017, Natural England has chosen to issue a Compliance Notice rather than take a prosecution. The estate also paid a Cost Recovery Notice of £21,662.63.

Natural England apply soft touch to gull killers

RSPB and Lancashire Constabulary recovering illegally killed gulls in Bowland.

Defra received evidence from NE on the importance of the colony nearly four years ago. However, Defra’s lack of action means the species has still not been added as a qualifying feature to the Bowland Fells Special Protection Area (SPA), which would give them the highest level of protection. Such lack of protection has meant estates like Abbeystead have been able to use historic consents that allowed them to kill unlimited numbers of birds. This has involved vast numbers of gulls, and their population reduced from 25,000 pairs in 1981 to just 5,000 pairs in 2010. Their recovery, to around 10,000 pairs in 2017, only followed a recent temporary cessation of unlimited culling by the estate, whilst NE negotiated new agreements.

The RSPB has a long-running partnership project on United Utilities land in Bowland. In 2017, RSPB staff discovered that gull culling appeared to be taking place on United Utilities land. Whilst Abbeystead Estate had leased the

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area for grouse shooting, United Utilities told them expressedly that no culling was to take place. On 7 July 2018, in poor weather, RSPB Investigations attended the site with two officers from Lancashire Constabulary. They recovered 24 juvenile dead gulls from four places, most of which were partially hidden between rocks and under vegetation. They seized a sample of nine and post mortem examinations confirmed traumatic injuries, with four birds killed by broken necks.

Following pressure from the RSPB, NE agreed to investigate SSSI offences and Lead Adviser Martin Findlow, a former Cheshire WCO, compiled a comprehensive file of evidence. After lengthy deliberation, NE issued a Compliance Notice rather than prosecute. Whilst confirming the culling was unlawful, this is essentially a slapped wrist in the form of a legal document telling them not to do it again. Legal Eagle readers will have seen numerous cases involving the spontaneous killing of single birds, such as gulls and swans, which have been prosecuted and even resulted in custodial sentences. Sadly, the premeditated killing of multiple birds on land without permission appears to have been taken less seriously.

However, there are some positives. The Notice recognises the importance of England’s largest breeding lesser black-backed gull colony, and Defra now need to take urgent action to confirm these gulls as a feature on the SPA. This should trigger a review of the existing consents on the Abbeystead Estate, and remove any precedent for further consents being issued to other estates. The RSPB believes that allowing continued culling of this species is sending out all the wrong signals, and the Government should focus on ensuring the recovery of these birds. We’d like to thank Lancashire Constabulary for their initial support and Martin Findlow for his work on this case.

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A man stopped at Heathrow Airport was found to be in possession of 19 eggs plus two newly-hatched vultures.

On 26 June 2018 Border Force officers at Heathrow Airport seized 19 eggs containing rare and endangered bird species. Two of them had already hatched.Officers stopped a man who had arrived on a flight from South Africa. When questioned and searched, they found 19 bird eggs concealed within a body belt, as well as two newly-hatched vultures.

Following the incident, a 56-year-old Irish national was arrested and the investigation

Border force seizes rare bird eggs at airport

passed to the National Crime Agency (NCA). He has since been bailed pending further enquiries.

Border Force specialist officers identified that the eggs were protected under the Convention on International Trade in Endangered Species (CITES). The exact species are yet to be identified, but the eggs are known to be from South African birds of prey including vultures, eagles, hawks and kites.

Officers ensured that both the eggs and the live chicks were kept warm and quickly transported to the Heathrow Animal Reception Centre, managed by the City of London Corporation. City Corporation staff ensured that the chicks were cared for and the unhatched eggs were incubated. The live chicks and the eggs have since been moved to a specialist facility.

An African fish eagle, one of the species involved.

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Grant Miller, head of the national Border Force CITES team at Heathrow, said:

“My officers are experts in their field and will seize anything that contravenes CITES regulations. In this case, by preventing the smuggling attempt they have also ensured that the birds and eggs received the immediate care and attention that they needed.

“The frontline work of my team, alongside close working with enforcement partners such as the NCA and National Wildlife Crime Unit, is key to tackling the international illegal wildlife trade which does so much environmental damage and threatens the survival of endangered animals and plants.”

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A male hen harrier.

Hen harrier roundupThree hen harriers missing in suspicious circumstancesIn September, the RSPB reported the disappearance of three hen harriers tagged in 2018. Each were last heard of on, or near, driven grouse moors.

Following a successful summer of tagging, and a comparatively good breeding season for hen harriers, it wasn’t long before the first bad news came in. Just weeks after fledging from her nest in the Scottish Borders, a female hen harrier, Hilma, suddenly stopped transmitting on 8 August near Wooler, Northumberland – over land managed for driven grouse shooting.

On 26 August another female bird, Octavia, vanished without trace. She hatched from a nest on National Trust’s High Peak Moors in the Peak District National Park, the first time the species had bred in this area for four years. Octavia stayed faithfully close to her nest until 22 August when she moved onto privately-owned driven grouse moors near Sheffield. Her tag was transmitting regularly when it suddenly and inexplicably stopped. Her last known fix put her over an area of land managed for driven grouse shooting at Broomhead.

Just three days later, a bird in north Wales also disappeared. Heulwen came from a nest in Gwynedd, North Wales, and her satellite was transmitting regularly until it suddenly and inexplicably stopped. Her last known fix on 29 August shows she was within the vicinity of Ruabon Mountain. Heulwen was not far from where Aalin, tagged in 2016, went missing on 9 February 2018.

We searched for all three birds, but found no traces of a body or tag.

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Cathleen Thomas, Hen Harrier LIFE Project Manager, said: “Just a few weeks ago we were celebrating the breeding success of hen harriers in the UK, but already these young chicks are disappearing in suspicious circumstances when they are just a few months old. It’s devastating for those of us involved in watching and protecting these chicks and terrible news for a bird of prey species that has shown a 24% decline in numbers between 2004 and 2016.”

Read more in this blog: http://ww2.rspb.org.uk/community/ourwork/skydancer/b/skydancer/default.aspx

Loss of LiaThis summer we also reported the loss of a tagged Welsh hen harrier, Lia, who fledged in 2017. She was the first hen harrier ever to be satellite tagged in Wales. In April 2018, her tag showed that she’d stopped moving over

lowland farmland south of Llanidoles. A further transmission in May confirmed she had died. Investigations staff recovered her body, which was very decomposed, and testing revealed nothing conclusive, except a fractured tail feather which may have been caused by shooting. This follows the loss of Aalin, who was tagged on the Isle of Man in 2016 and disappeared in north Wales in February 2018 in suspicious circumstances.

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Just a few weeks ago, we were celebrating the breeding success of hen harriers in the UK, but already these young chicks are disappearing. Cathleen Thomas, RSPB.

During the summer of 2018, the Hen Harrier EU LIFE Project tagged an unprecedented amount of hen harrier chicks across the UK. Meet the new faces.

ThothMale chick tagged in the Scottish borders, named after the Egyptian god with the head of an ibis.Tag sponsored by Lothian and Borders Raptor Study Group to learn more about hen harrier movements in the Scottish borders.

HilmaFemale chick tagged at a nest on Forestry Commission Scotland-owned land on the

Scottish borders, and a sister to Thoth. Her tag was sponsored by Lothian and Borders Raptor Study Group. She is now missing in suspicious circumstances.

VulcanMale chick tagged in Northumberland, on a nest of five chicks. His dad is colour ringed and was ringed at Langholme. He’s a favourite of our project team member Jack, and named after the Roman god of fire.

RainShe was tagged at Bowland from a nest of five chicks. She’s one of the first chicks we’ve had successfully raised in Bowland since 2015.

Nyx He was tagged at Bowland from a nest of five chicks and is one of 13 birds to successfully fledge at Bowland this year. He is named after Nyx, the shape-shifting water spirit.

ThorOne of a brood of four, and the first of our chicks to be tagged this year. Named after the famous god of

thunder, he was tagged on a nest at Bowland in collaboration with United Utilities estates.

DoonaFemale chick tagged on Isle of Man, named by Dhoon School. Her name means “dark maiden”, and she was tagged in collaboration with Manx BirdLife.

HeulwenFemale chick tagged in north Wales. Her name means “sunny” in Welsh. She is now missing in suspicious circumstances.

OctaviaFemale chick tagged in the Peak District from the first successful nest in the Peak District since 2014. She is

named after Octavia Hill, a National Trust founder. She is now missing in suspicious circumstances.

ArthurMale chick tagged in the Peak District. He is named after Arthur Hobhouse, who set out the philosophy behind our National Parks of England and Wales. Hobhouse argued everyone should have access to fresh air and beautiful places. 2019 marks the 70th anniversary of the National Parks and Access to the Countryside Act 1949. This harrier will be monitored alongside raptor works and National Trust in the Peaks.

KeenFemale bird tagged in Perthshire from a nest of three chicks. The is the third bird to be tagged at an area of woodland managed sustainably by the community for the benefit of everyone, after DeeCee in 2016 and Heather in 2017.

MarciThe third bird to be tagged at Mar Lodge, one of several chicks born there in 2018.

Class of 2018 announced

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Birdcrime 2017 published

The latest Birdcrime report addresses the impact and scale of persecution in the UK, which has revealed a minimum of 68 confirmed incidents of detected illegal bird of prey persecution in 2017.

Birdcrime 2017 – the only report summarising offences against raptors in the UK – reveals 48 shooting, nine poisoning, three trapping, four nest destruction and four other incidents of illegal persecution against raptors. However, evidence suggests these figures are just the tip of the iceberg, with many illegal killings going undetected or unreported.

The report also reveals the difficulty of bringing these offences to court, as just four raptor persecution-related prosecutions took place in 2017 and only a single conviction.

The RSPB urges the Government to tackle raptor crime head-on in latest Birdcrime report

The report also revealed that more than three quarters (55) of the confirmed incidents took place in England. However, incidents weren’t confined to England, with the report highlighting confirmed case in Wales, Northern Ireland and Scotland.

Martin Harper, the RSPB’s Director of Global Conservation, said: “We should all be able to enjoy seeing these magnificent birds, however illegal activity continues to put species at risk. There are laws in place to protect these birds but they are clearly not being put into action. We need governments across the UK to do more to tackle illegal killing.”

Previous research has shown that illegal killing of birds of prey is associated with land managed for intensive driven grouse shooting, leaving vast areas of our uplands without typical breeding raptors. A Natural England study revealed compelling evidence that persecution of hen harriers, associated with driven grouse moors, was the main factor limiting their recovery in England.

The Government needs to do far more to create a climate of accountability, particularly on sporting estates. Whilst there has been some steady progress in Scotland, elsewhere far more needs to be done. The RSPB is calling on the UK Government to introduce a system of licensing for driven grouse shooting, to ensure land is managed legally and sustainably. This would also help tackle the wider problems of intensive management of “big bag” driven grouse shooting, like draining and burning on fragile peat bogs. A fair set of rules in the form of a licensing system could help ensure shoots are operating legally and sustainably.Peregrine falcon

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Bob Elliot, the RSPB’s Head of Investigations, said: “The persecution of birds of prey is a widespread problem in the UK and is affecting some of our most loved and vulnerable species, like eagles and harriers. Every week, the RSPB’s Investigations team get reports of yet another raptor being shot, trapped or poisoned. But for every report we receive, scientific studies suggest there are many more that go undetected and unreported. These figures only scratch the surface of the true extent of raptor persecution in the UK.”

Birdcrime 2017

Bird of prey persecution is widespread and relentless, particularly in upland areas.

RSPB data shows shooting is the most common way of killing birds of prey.

Satellite-tagged eagles and hen harriers continue to disappear over driven grouse moors.

In the Peak District, a recent report confirms the link between driven grouse shooting and raptor persecution.

The voices calling for change are getting louder. Will you add yours?

The RSPB urges the government to license driven grouse shooting and extend Scotland’s vicarious liability laws throughout the UK.

Read more at: rspb.org.uk/birdcrimeExplore a UK map of raptor persecution at: rspb.org.uk/RaptorMap

The RSPB is a registered charity in England & Wales 207076, in Scotland SC037654. 232-1577-17-18

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Of those convicted of raptor persecution-related crimes since 1990, 67% have been gamekeepers. 67%

Just one person was convicted despite over 60 confirmed raptor persecution incidents in 2017.

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We need governments across the UK to do more to tackle illegal killing. Martin Harper, the RSPB

The Raptor Persecution Map Hub was launched in August 2018.

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RSPB Raptor Persecution Map Hub launchedRSPB Investigations launched a new Raptor Persecution Map Hub in August 2018 which has been well received by colleagues, partners and the public.

The Raptor Persecution Map Hub is a set of online maps which show where known confirmed raptor persecution incidents have taken place in the UK in recent years. Currently it covers 2012–2017, and will be added to each year.

The first of the two interactive maps can be filtered by year and incident type. The second is a heat map, with black and red squares depicting areas with the highest density of known incidents. For the timeframe 2012–2017, the majority of red and black squares occur in upland areas: in North Yorkshire, the Scottish borders and Aberdeenshire. This is consistent with what independent research has revealed about the persecution of birds of prey on land managed for driven grouse shooting.

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Helen Mason, the RSPB’s Investigations Intelligence Manager, said: “Until now, there has been no complete, centralised set of UK mapped raptor persecution data available, beyond the RSPB’s Birdcrime report which provides an annual snapshot. Putting all the UK raptor persecution incident data together in an easy-to-view map is something we feel has been needed for some time, to more accurately show the extent and scale of the problem year on year.

“The maps are designed to be used by everyone, from our law enforcement partners to members of the public. Currently this only covers a five-year period, so the “blackspot” areas may change. Over time, The Map Hub will evolve and be added to each year, to provide the most complete picture of raptor persecution across the UK. We hope this will help raise awareness and improve the detection and prevention of this type of crime, which is a National Wildlife Crime Priority.” Take a look at the digital version at www.rspb.org.uk/raptormap

The RSPB has also launched the Raptor Persecution Map Hub. This comprises two interactive maps – one which can be filtered by year and incident type, and the other that provides an overview “heat map” of confirmed incidents across

the UK for the period 2012–2017 – enabling people to see where this illegal activity is occurring. See more below.

To read Birdcrime 2017 in full visit www.rspb.org.uk/birdcrime

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News

Legal Eagle 86

Gamekeeper cautioned for illegally trapping merlin

These typically consist of a log or pole across a small burn on which a spring trap is set and covered with a mesh cage. These are routinely used to kill rats, but access must be restricted to exclude non-target animals. In this case there was no restriction with the entrance around 20cm wide by 15cm high.

The runner reported the matter to the RSPB, who recovered the dead bird and informed Northumbria Police. WCO PC Ian Richardson attended the scene along with an RSPB officer. En route, they were met by an estate gamekeeper who accompanied them to the site. The rail trap had now been reset. Two nearby rail traps had access restriction in place, highlighting the obvious deficiency with one which killed the merlin. We interviewed

On 12 July 2018, a fell runner on a large driven grouse moor in Northumberland came across a rail trap containing a crushed merlin.

the gamekeeper, who stated he’d been running it for a few months, and his failure to restrict access was a mistake.

The police elected to deal with this by way of adult caution. While not intended to trap a bird of prey, this trap had been set by an experienced gamekeeper in a grossly negligent manner with obvious and serious risks to non-target wildlife. Based on the police gravity matrix for wildlife offences, the RSPB felt there were significant aggravating factors that justified this matter going to court. While we may ultimately agree to differ on the final disposal of the case, we are grateful for the work of the officers involved.

There has been a proliferation of rail traps on grouse moors in recent

A male merlin killed by an illegally set spring trap.

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years. Even with access restrictions in place, numerous cases have been recorded of birds being caught and killed in such traps along with protected mammals such as red squirrels. Whilst spring traps themselves go through a testing process to ensure they are humane, the legislation states “the trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose”. There are no specific access dimensions for target animals and the RSPB is not aware of any trials to test the suitability of rail traps. Considering the regularly reported by-catch problems, the RSPB has concerns whether the use of spring traps in this manner actually complies with the legislation. The RSPB will be raising these concerns with Defra.

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Interview

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Superintendent Nick Lyall, Chair of the Raptor Persecution Priority Delivery Group

Superintendent Nick Lyall.

Superintendent Nick Lyall of Bedfordshire Police has replaced Chris Hankinson in the post of Chair of the Raptor Persecution Priority Delivery Group for England and Wales. We find out more about his plans for the priority group which seeks to combat illegal persecution of birds of prey.

Can you tell us about your policing background and how it’s brought you to this point?

I’m a Superintendent with Bedfordshire Police, and currently I’m Head of Operations based at Force Headquarters in Kempston. I’ve been a police officer for a little over 17 years, having started my service with Northamptonshire Police. I have experience in managing serious and complex crime investigations, including covert investigations, but have spent most of my service in uniform.

What have been your career highlights so far?

Some of my career highlights include being part of the Command Team for the Formula One Grand Prix and Moto GP at Silverstone for a number of years, managing an extensive covert investigation into drugs supply and being the firearms commander for a number of significant weapons recoveries. The variety of policing should never be underestimated and makes every day genuinely unique. You can follow my policing journey on Twitter @SuptNickLyall.

Where are you based?

I live in a small rural village and enjoy sharing many wildlife encounters with my family. My favourite raptor species has to be the one that wakes me up every morning, flying above the house often calling to its mate – the red kite. We’ve lived in our current house for nearly four years and

the same pair have nested in the tree behind us all this time. I don’t think I will ever tire of the sight of these majestic birds sharing their lives with us, something we should all fight to ensure our children and grandchildren can continue to enjoy.

What do you aim to achieve as Chair and how will you do this?

As the new Chair of the Raptor PPDG, I’m committed to bringing together one of the most diverse groups of interested people I have worked with, to focus on these key issues. I’ll work hard to bring people together to work in partnership around this important issue. I look forward to raising awareness of this important national priority through the PPDG.

I understand already that one of the biggest issues faced in raptor persecution investigations is capturing evidence against those responsible. I’ll be working tirelessly with a variety of agencies and companies to explore methods that can be used to aid gathering of important evidence to support taking action against those involved in this illegal activity. While enforcement against those involved in criminal activity will always be vital, I’m also very keen that the work of the PPDG focuses on both prevention and intelligence opportunities too. We cannot arrest our way out of this situation, and working with those using our countryside is a key area I will be focusing on, through a structured awareness raising campaign.

What role does raptor monitoring and published scientific research have in informing where action is more urgently needed?

The illegal persecution of raptors has long been an issue across the UK, recently published monitoring data by the Raptor PPDG and other and scientific research has begun to openly highlight the level of the

issue that we are facing. This data should be used by law enforcement agencies and partners to target activity against those engaged in this offending.

What do you expect to be your biggest challenge?

This is something I have given a lot of thought to. I’ll be aiming to get the group focused and working together on a common purpose, the conservation of the six priority raptor species, and prevention of wider raptor persecution. I am keen to focus the group on tangible outcomes and focusing partnership working and problem solving against them.

I am genuinely excited to be leading the Raptor Persecution Priority Delivery Group. I’m very much looking forward to working across partnerships to focus on the three key areas of prevention, intelligence and enforcement in an effort to reduce illegal raptor persecution. I am very keen to engage with anyone, organisations and individuals, that want to contribute towards this, so please get in touch if you think you can support our important work.

Bedfordshire Police

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News

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Wildlife crime policing strategy launchedThe Head of the National Wildlife Crime Unit has set out priorities on tackling wildlife crime

On 25 July 2018, the UK Wildlife Crime Policing Strategy for 2018–2021 was launched, along with the Rural Affairs Strategy, at the National Police Chief’s Council (NPCC) Rural Crime Summit. The event was hosted by North Yorkshire Police in Harrogate.

Since 2017, the two strategies have been developed through consultation with police and partners. This contribution and feedback has created a strategic direction, which has been agreed by all UK Chief Constables along with the support of the Association of Police and Crime Commissioners (APCC), the Home Office and the College of Policing.

Louise Hubble, Head of the National Wildlife Crime Unit (NWCU), outlined the 2018–21 Wildlife Crime Strategy. Following the scoping exercises the agreed overall strategic aims were identified to be to:

• Enhance the conservation of wildlife• Develop strong partnership and stakeholder working• Raise public awareness of wildlife crime• Embed a wildlife focus into policing culture• Improve recording of wildlife crime• Improve wildlife crime legislation with proportionate

sentences• Secure future funding for the NWCU• Develop information sharing agreements with key

stakeholders• Tackle Organised Crime Groups (OCGs)

The strategy also reaffirmed the current six UK wildlife crime priorities: badger, raptor and bat persecution;

poaching; illegal wildlife trade; and freshwater pearl mussels. Initial operational work on these identified priorities will be delivered through the Wildlife Crime Priority Delivery Groups, with a focus on prevention, intelligence, enforcement and reassurance (PIER). The groups will:

• Raise the profile of wildlife crime• Set objectives to tackle these wildlife crimes• Utilise effective problem solving• Develop strong links with all Regional Organised

Crime Units (ROCU) through a regional structure to tackle OCGs causing significant harm to wildlife

• Increase awareness via partners, the public and law enforcement agencies

• Identify and provide evidence for changes to legislation and work with partners to provide meaningful change

• Increase intelligence sharing between stakeholders with a focus on quality

• Coordinate a national and international cross border response to wildlife crime

One of the identified first steps is to establish senior officer leads for all police forces in tackling wildlife crime and raising internal awareness. Progress will be reported through the bi-annual NPCC Wildlife Crime & Rural Affairs e-newsletter. The Wildlife Crime Policing Strategy can be viewed at https://bit.ly/2J4YTv6

Louise Hubble, Head NWCU, launching the Wildlife Crime Policing Strategy.

The Wildlife Crime Policing Strategy for 2018–2021 was launched on 25 July 2018.

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News

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Shot red kite put to sleep

Red kite shot in Peak District National Park

Despite dedicated efforts of Raptor Foundation staff, a red kite injured by shooting had to be euthanised.

A red kite found shot and injured in July 2018 has been euthanised after failing to show improvements.

The bird, a female, was found by a member of the public in Deene Park, Corby in Northamptonshire. It was taken to the Raptor Foundation near Huntingdon, then examined by a vet. Three shotgun pellets were found lodged in the bird’s leg, shoulder and ear. The police appealed for information, but none was forthcoming.

Simon Dudhill, from the Raptor Foundation, said:“The leg and shoulder pellets were not really an issue as they were below joints. However the pellet in the ear was lodged in the bony part of the skull and was causing the bird problems with its balance. The vet and I agreed that the bird couldn’t be released back into the wild with the pellet still inside, so we decided to operate.”

The operation was successful in removing the pellet from the kite’s ear, but the bird struggled to improve.

“Sadly, after having worked so hard for nearly two months on the shot red kite, we had to make the extremely disappointing decision to put her to sleep. Despite all the hard work of ourselves, and our vets,

A red kite was seen falling from the sky accompanied by the sound of gunshots near Saddleworth Moor, in the Peak District National Park, on 7 June.

Climber Adam Long heard gunshots and saw the bird fall from the sky. The shooter, however, remained out of sight. He called the police who made enquiries, but no leads were forthcoming.

Red kites are not commonly seen in this area on the outskirts of Greater Manchester and are struggling to expand into the Peak District National Park despite plenty of suitable breeding habitat. Like all birds of prey, they’re protected

by law under the Wildlife and Countryside Act 1981. If someone is found to have shot this bird they face an unlimited fine and/or up to six months in jail.

Witness Adam said: “I saw the kite slowly soaring up the valley, then again when we’d started our climb. I heard two shots, and the kite fell out of the sky – I can only describe it as like a balloon bursting. I was completely shocked by the brazenness of it. You hear about this sort of thing happening, and that the chances of seeing or recording something are so slim, so to see this in broad daylight when anyone could have witnessed it was incredible.”

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The persecution of birds of prey in upland areas like the Peak District is a continuing issue with serious implications on raptor populations.

Red kite

the bird made no progress. None of her balance had returned and she was dragging her wings and body along the ground. We all felt this was unfair and not in the bird’s best interest to keep her in this poor condition.

“Despite this sad outcome we will never stop doing all we can to help these amazing birds.”

Shot red kite and x-ray of the red kite.

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International

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Operation Thunderstorm strikes1.3 tonnes of elephant ivory, almost 4,000 birds and 27,000 reptiles were seized as part of Operation Thunderstorm – the largest ever global operation of its kind.The month-long crackdown on the illegal trade in flora and fauna, which took place between 1–31 May 2018, involved 92 countries and was a concerted strike against wildlife traffickers and their £17 billion-a-year illicit enterprises.

Around the world, Border Force officers made 276 seizures containing tens of thousands of products banned under the Convention on International Trade in Endangered Species (CITES) at UK ports and airports. 1,400 suspects were identified, triggering a number of arrests and investigations.

Two flight attendants were arrested in Los Angeles attempting to smuggle live spotted turtles to Asia in their personal baggage. Both suspects were charged with smuggling CITES-protected species and the countries concerned have opened a transnational investigation.

A man was arrested in Israel and awaits deportation to Thailand after his hunting photograph on social media led to the seizure of multiple wildlife items at his home including

fox, jackal and mongoose bodies. Follow-up inquiries have revealed that the suspect was also engaged in people smuggling and illegal employment.

Ben Janse van Rensburg, CITES Secretariat Chief of Enforcement Support said: “No one country, region or agency can tackle illegal wildlife trade alone. On behalf of all ICCWC partner agencies, I commend the excellent work done in member countries – Operation Thunderstorm is testimony to what can be achieved if we all work together.”

Senior officer Grant Miller of the UK Border Force and head of the UK national CITES enforcement team, said: “Organised crime groups engaging in wildlife crime will feel the impact of this operation for a long time.”

The second in a global “Thunder” series initiated by the INTERPOL Wildlife Crime Working Group, Operation Thunderstorm was coordinated by INTERPOL and the World Customs Organization (WCO) in conjunction with the International Consortium on Combating Wildlife

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UK Border Force officers sort through seized ivory items.

Crime (ICCWC), which includes the CITES Secretariat, UNODC and the World Bank.

UK-funding has continued to support the ICCWC, the organisation behind the coordination of Operation Thunderstorm. In November 2017, Britain pledged £4 million of funding over the next four years to fund ICCWC international programmes helping to stop the illegal wildlife trade.

Environment Secretary Michael Gove said: “I welcome this coordinated international action. Border Force is helping the UK to show global leadership in combatting the illegal wildlife trade. We must work with our partners in the International Consortium on Combating Wildlife Crime’s ‘Operation Thunderstorm’ as wildlife crime does not respect borders.”

Operation Thunderstorm in numbers:

According to INTERPOL, total worldwide seizures reported to date include:

• 43 tonnes of wild meat• 1.3 tonnes of elephant ivory• 27,000 reptiles• Almost 4,000 birds, including

pelicans, ostriches, parrots and owls

• 48 live primates• 14 big cats (tiger, lion, leopard

and jaguar)• Carcasses of seven bears,

including two polar bears.

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International

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Man jailed for mass eagle poisoning in Australia

Nations gather to address illegal wildlife trade

Nearly 500 wedge-tailed eagles were found to have been poisoned in Victoria, Australia, in April 2018.

On 25 September 2018, Murray James Silvester was found guilty at Sale Magistrates Court of the death of 420 wedge-tailed eagles in East Gippsland between October 2016 and February 2018. He was fined $2,500 (around £1,380) and sentenced to 14 days in jail – the first custodial sentence for the destruction of protected wildlife in the state.

The bodies of more than 130 wedge-tailed eagles – Australia’s largest bird of prey – were initially discovered hidden in scrubland in April 2018. Over 30 people were investigated.

In June 2018, four more properties in East Gipplsland were raided as authorities continued the investigation,

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Finch trapping banned in MaltaOn 21 June 2018, The European Court of Justice declared finch trapping illegal in Malta. This is a landmark decision which should protect both birds and important landscapes.

They declared that, by adopting a derogation regime allowing the live-capturing of seven species

EU law prohibits finch trapping and the practice was phased out in Malta in 2009, following an initial derogation obtained as part of the country’s EU accession treaty. However, trapping was illegally reintroduced on the island in 2014.

The head of a poisoned wedge-tailed eagle in Victoria, Australia.

“Wildlife crime makes us all poorer.” These were the words spoken by Prime Minister Theresa May at the Illegal Wildlife Trade (IWT) conference in October.

The illegal wildlife trade is worth up to £17 billion a year. Activity around the illegal wildlife trade doubled since 2007 and 1,338 rhinos were killed for their horns in Africa in 2015 – the worst year on record.

In response, the UK government hosted the international conference in London during October 2018. Heads of state gathered to address three key themes: tacking IWT as a serious organised crime; building coalitions and closing markets. A series

of initiatives were announced, including a Wildlife Financial Taskforce involving more than 20 global banks that will target money laundering to trap wildlife criminals, and the Ivory Alliance 2024, which aims to have more countries committed to bans on ivory sales. The UK government is also extending the training provided by the army to rangers in African nations.

RSPB Chief Executive Mike Clarke, who attended the conference, said: “The IWT conference was a stark reminder that our wildlife needs us now more than ever. It is crucial that we work together to end the criminality that is putting our most vulnerable and precious species at risk.”

of wild finches, Malta had failed to fulfil its obligations under the European Wild Birds Directive.

BirdLife Malta has welcomed the move, however urged that the Government should never reopen the trapping season for finches and should repeal the relevant framework law.

and native animal skulls were seized. Wedge-tailed eagles are protected under the Wildlife Act 1975. The deliberate killing of one of these birds carries a minimum penalty of up to six months imprisonment and a fine of $7,928, plus another $792 per bird.

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And finally…

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W C O

KEEPING WILDLIFE CRIME OFFICERS INFORMED

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

The RSPB is the UK’s largest nature conservation charity, inspiring everyone to give nature a home. We play a leading role in BirdLife International, a worldwide partnership of nature conservation organisations.

The RSPB is a registered charity in England and Wales 207076,in Scotland SC037654. 232-1511-17-18

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 email to jenny.shelton@rspb.org.uk or telephone 01767 680551. The views expressed in Legal Eagle are not necessarily those of the RSPB or PAW.

Cover photo: Guy Shorrock (RSPB).

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 Castlebridge 3, 5–19 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

Pastures new for Bob and Elsie

Head of Investigations Bob Elliot and Investigations Officer Elsie Ashworth left the team in October after many years of dedicated work.

Bob takes up the post of Director at animal welfare charity OneKind, based in Edinburgh. Bob joined the RSPB Scotland Investigations unit as head of the team in early 2007 and quickly established himself as an authoritative, driven individual, determined to do his utmost to tackle raptor persecution. He was instrumental in some landmark cases, including finding three golden eagles poisoned on a Sutherland grouse moor, leading to the discovery of the biggest stockpile of Carbofuran ever recorded.

Bob (left) and Elsie with Ian and Guy from the RSPB Investigations Team.

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) In early 2012 Bob migrated south, becoming Head of Investigations for the UK. He took the experience he had learned in Scotland to bodies such as the Raptor Persecution Priority Delivery Group.

Ian Thomson, Head of Investigations Scotland, said: “Bob provided significant evidence to the panel conducting the Scottish Government’s Thematic Review of the Investigation and Prosecution of Wildlife Crime, also to the Scottish Parliament’s Rural Affairs Committee as they considered the Wildlife and Natural Environment Bill. The vicarious liability legislation now in place in Scotland can rightly be considered as part of his legacy.”

Elsie meanwhile is following her passion for computer programming. She said: “After nearly a decade and a half of Investigations work, I am feeling the need to reinvigorate my brain and explore new worlds, so it’s now or never. I have been teaching myself computer programming, and once I leave, I will be developing this as a second career. Choosing to leave is one of the most difficult decisions I have ever made. I will miss everyone.”

If you’d like to change how you hear from us or you no longer wish to receive this publication, just let us know. Please call Jenny Shelton on 01767 693024 or e-mail jenny.shelton@rspb.org.uk. For more information about your data protection rights please take a look at: rspb.org.uk/privacypolicy