JANUARY 2007 No 51

A major investigation led by the Norfolk Police and the

RSPB into offences involving smuggling, the collection

of birds’ eggs and taxidermy has resulted in two men

receiving custodial sentences.

At Norwich Crown Court on 26 October 2006, MichaelHumphrey Barclay of Hanworth Hall, Norfolk, received afour-month custodial sentence and was ordered to pay£30,000 costs. John Charles Metcalf, a retired Magistrate ofLong Lane, Billesdon, Leicestershire, received a two-monthcustodial sentence suspended for 12 months. He receivedno separate penalty on three other matters and wasordered to pay £8,300 costs.

In May 2004, a warrant was executed at Hanworth Hall bythe Norfolk Police, assisted by the RSPB and Her Majesty’sRevenue and Customs (HMRC). A large number oftaxidermy items and animal skins were found, as well asbirds’ eggs that Barclay had taken and a larger eggcollection that he had obtained from the late Peter Adolph,which he told the police he had purchased for £14,000.

The Chronicles of NorfolkThe lying, the switch and the wardrobe!

Data cards, documents and photographs taken from the hall suggested that Barclay had been involved in eggcollecting for 50 years, taking over 5,800 eggs from Spain,England, Scotland, Scandinavia, Russia and Iceland, as wellas live seabirds for taxidermy from Scotland. Barclay madeseveral trips to the remote island of North Rona, off thenorth coast of Scotland. This Site of Special ScientificInterest supports important populations of seabirdsincluding 2,750 pairs of Leach’s petrel (5% of the UK’sbreeding population).

Photographs in Barclay’s possession showed that nestingburrows had been opened up and incubating storm andLeach’s petrels taken. Another photograph showed Barclayholding a live Manx shearwater, annotated as taken formounting in the Western Islands in 1994. Other documentsindicated that two Arctic skuas had been shot for mounting,and there were records indicating that a sparrowhawkcorpse found in a freezer had been killed during a pheasantshoot at Hanworth in 2001.

LEGAL EAGLETHE RSPB’S INVESTIGATIONS NEWSLETTER

In this issue: Reckless disturbance • Owner of falconry centre convictedClose shave leads to a brush with the law • Construction company fined forSSSI damage • NWCU launched • News round up

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A second warrant was executed at Barclay’s home in July2004 during which a secret room was discovered, accessedthrough the back of a wardrobe. This small room, made in1997, held a number of empty cabinets, apart from oneholding a few clutches of eggs from the Adolph collection.

Documents seized implicated John Metcalf in some matters,including a visit to North Rona in 2003, without Barclay,when he handled storm and Leach’s petrels. In July 2004,Leicestershire Police and the RSPB searched the home ofMetcalf and further documents were seized. In interview,Barclay accepted collecting eggs, including some takenabroad, which included Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES)species. He accepted buying the Adolph collection, whichwas found to contain 150 clutches of eggs of CITES Annex Aspecies including gyr falcons, peregrines and golden eagles.Barclay admitted buying eight Annex A stuffed birds fromMetcalf, but denied illegally taking birds for taxidermy.

Metcalf initially denied any involvement in taking seabirds,but when confronted with his own records found atBarclay’s home, did accept some handling and interferencewith petrels on North Rona, indicating it had just beencuriosity and that they had been returned to their burrows.As a former bird-ringer, he was fully aware of the Schedule1 status of Leach’s petrels and the particular sensitivity ofpetrels to disturbance during the breeding season. Headmitted carrying out commissioned taxidermy work forBarclay and supplying a number of specimens. He was

(two peregrines, a sparrowhawk and six owls). Barclaychose not to give evidence. Metcalf maintained thespecimens were gifts and commission work but radicallychanged his account from interview. He claimed he hadinherited taxidermy collections, had done some renovationand casing work before giving them to Barclay, and thatany money received did not relate to actual sale of the birdsthemselves. In support of this, he produced a sheet of datalabels, suggesting he had prepared none of the specimensand that one of the peregrines dated from pre-1947.

Metcalf also produced a stock book that listed thetaxidermy collections apparently given to him, with a seriesof annotations suggesting that some had been given orloaned to Barclay. Copies of these documents were onlymade available to the prosecution in 2006. Following cross-examination by Andrew Bird, the veracity of thesedocuments was totally undermined. The stock book recordshe claimed were made in 1987 were shown to have beenmade after associated records mentioning the death ofartist Sir Peter Scott in 1989. He was forced to admit thelabels did not necessarily relate to the birds subject ofcharge and, based on an earlier defence statement, that thelabels for two peregrines had now switched places!

Both defendants were convicted on all COTES offences.Barclay then entered guilty pleas to four offences under theWildlife and Countryside Act 1981 (WCA) relating to thepossession of 57 birds’ eggs, and 13 taxidermy specimens(five Leach’s petrels, three storm petrels, two sparrowhawks,two Arctic skuas and a Manx shearwater). Metcalf pleadedguilty to three WCA charges on North Rona in 2003 of takinga Leach’s and a storm petrel, and intentional disturbance of a Leach’s petrel at a breeding site. In sentencing, JudgeBarham told the court that the legislation was designed toprotect endangered species, and as these were seriousoffences it was important that they were dealt with severely.

This was a particularly complex investigation and the RSPB is grateful for the assistance of many individuals andthe commitment to the investigation by the Norfolk Policeand CPS. In particular, we would like to thank Alan Roberts(now of the National Wildlife Crime Unit), DC JerrySimpson, PC Jon Hopes, CPS caseworker Tabi Paternosterand Prosecution Council Andrew Bird.

fully aware of the requirement for Article 10 Certificates and denied selling eight Annex A specimens to Barclay.Examination of the specimens by Kim McDonald from theGuild of Taxidermists, supported by radiographs, concludedthat all the specimens were post-1947, and there wasevidence that four had been shot.

Barclay eventually pleaded guilty to smuggling rough-leggedbuzzard eggs from Norway in 1999 and merlin eggs fromRussia in 2002, contrary to the Customs and ManagementExcise Act 1971. He also pleaded guilty to purchasing theAdolph egg collection contrary to Control of Trade inEndangered Species (Enforcement) Regulations (COTES)1997. In October 2006, a trial took place on 16 COTEScounts of selling and buying Annex A taxidermy specimens

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Barclay with

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The Adolph collection

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PROSECUTIONS

Reckless disturbance –not just a birdwatcher!A charge introduced by the Nature

Conservation (Scotland) Act 2004 was

used for the first time as a man

pleaded guilty to reckless disturbance

of an osprey nest.

On 3 July 2005, two RSPB staffmembers were approaching anoccupied osprey nest in the vicinity ofLake of Menteith, Stirlingshire, whenthey noticed a photographer’s hide anda man standing close to the nest.Above the nest was an adult ospreycarrying a fish. A second adult wasnearby, but was scared off by theunwanted visitor, who turned out to beRobert Ashcroft, a factory managerfrom Largs in Ayrshire.

Mr Ashcroft was asked to leave theimmediate area of the nest. Hiscompanion, George Higgins, who hadbeen looking for birds’ nests nearby,soon joined him. They told the RSPBofficers that they knew of many ospreyand red kite nests and that they hadvisited this nest ‘more than twenty

times’. The police were called andarrived with the local gamekeeper anda Forestry Commission Wildlife Ranger.

Ashcroft was later charged withintentional and reckless disturbance to the ospreys. After a lengthy courtprocess, Ashcroft pleaded guilty on 9 November 2006 at Stirling SheriffCourt to an amended charge of‘reckless disturbance’ and was fined£300. Keri Marshall, the deputyProcurator Fiscal, pointed out to thecourt that ‘[Ashcroft’s activities] could

have caused them to abandon the sitealtogether and build another nest in an unsuitable area.’ This was the firstcase in Scotland to successfully use thereckless disturbance charge, which wasbrought in as an amendment to theWildlife & Countryside Act 1981 by theNature Conservation (Scotland) Act2004. The following day, the defencemitigation that Ashcroft had pitchedhis ‘tent’, ‘unaware of the presence ofthe ospreys’, was widely reported inthe press.

Interestingly, the nest was an artificialone – built in the early 1990s by DaveDick of the RSPB – designed to giveospreys an undisturbed nest area.

This incident took place during the G8Summit at nearby Gleneagles, a timewhen police resources were heavilystretched, and we thank CentralScotland Police for their response. TheRSPB would particularly like to thankKeri Marshall, for her work in this, herfirst case as a ‘Wildlife Fiscal’.

Osprey

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Ashcroft’s hide

PC Richard Gape, of North Yorkshire

Police, reports:

‘In December 2005, information wasreceived via Crime Stoppers statingthat the owner of the Yorkshire DalesFalconry Centre, Douglas Petrie, was inpossession of three wild birds of prey:one kestrel, one tawny owl and onelittle owl. Both the kestrel and thetawny owl had apparently been usedfor commercial gain.

I visited the Falconry Centre and waslater joined at Petrie’s house by theHead Falconer (no longer employed atthe Centre) who was able to point outthe little owl kept in a small cage in anadjoining room to the lounge. Theroom was full of cages containingexotic birds.

Officers were shown the kestrel andtawny owl, which were apparently the subjects of the Crime Stoppersreport. Police removed the little owl,kestrel and tawny owl from the Centreand took them to a separate Bird ofPrey Sanctuary.

In January 2006, the defendant attendedSkipton Police Station and was arrestedon suspicion of two counts of usingwild birds for commercial gain; threecounts for being in possession of livewild birds; and for cruelty offences.

Owner of falconrycentre convicted

Douglas Petrie was subsequentlycharged with two counts of using wildbirds (the kestrel and tawny owl) forcommercial gain contrary to Reg. 8(1)Control of Trade in Endangered Species(Enforcement) Regulations (COTES)1997 and three counts of being inpossession of non-Schedule 1 wildbirds contrary to Section 1(2) and 21(1)of the Wildlife and Countryside Act1981 (WCA). No charges followedregarding any cruelty issues.

In July 2006, Petrie pleaded guilty tothe COTES offences and not guilty tothe other charges. Three days beforethe trial, in late September, the CrownProsecution Service decided to dropthe remaining three WCA offences as it was not in the public interest toproceed with them. Petrie was given a conditional discharge for two yearsrelating to the COTES offences andordered to pay £50 costs. The little owland tawny owl were released back intothe wild. Sadly, the kestrel had becometoo socially imprinted to be released.

A big thank you to Guy Shorrock andthe RSPB Investigations team for theirassistance, Andy McWilliams (formerlyMerseyside Police) whose previousdealings with Douglas Petrie forCOTES offences at Southport Zooproved invaluable and to the CorioRaptor Care Centre, Bentham.’

A falconer has been cautioned for

registration offences of Schedule 4

birds in Northumberland.

Following information from differentsources expressing concern oversome adverts, an investigation intosuspected registration offences ofperegrines was carried out.

The police, accompanied by an RSPB Investigations Officer, made a site visit to pursue theinvestigation. The originalsuspected offence had not beencommitted, but whilst present, other registration offences wereuncovered relating to three birds: a peregrine x lanner; a gyr xperegrine; and a gyr/saker x saker.

On 18 June 2006, a falconer wasinterviewed and subsequentlycautioned at Berwick Police Stationfor three registration offences underthe Wildlife and Countryside Act1981. He had failed to re-registerSchedule 4 birds that hadpermanently moved premises.

The RSPB would like to thank PCAndy Swinburne for his assistancethroughout this investigation.

Falconercautioned forregistrationoffences

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Kestrel

George F Trumper Ltd, a company

specialising in the sale of gentlemen’s

grooming accessories, was fined

£10,000 at Westminster Magistrates’

Court on 24 October 2006 for keeping

parts of Annex A species for sale.

In November 2004, the MetropolitanPolice Wildlife Crime Unit executedsearch warrants at three Londonpremises belonging to George FTrumper Ltd and discovered 24 ivoryitems kept for sale. Two otherpremises in Gloucestershire and one in Somerset were searched with theassistance of Gloucestershire Police,Avon and Somerset Police, HMRevenue and Customs (HMRC) andStephanie Pendry of TRAFFIC. A largeamount of raw and partially carvedivory was recovered at theGloucestershire premises. Most of theitems seized were shaving brushesstamped with ‘real ivory’ and were onsale for up to £1,100 each. Other ivoryitems seized included hairbrushes,glove stretchers and an elephant tusk.The company pleaded guilty to two

Close shave leads to a brush with the lawcharges of keeping parts of Annex Aspecies for sale contrary to Control ofTrade in Endangered Species(Enforcement) Regulations (COTES)1997. They were fined £5,000 on eachcount and the ivory was confiscated.

The illegal trade in wildlife is a verylucrative area of international crime. In London, the Metropolitan PoliceService (MPS) has seized more than

WCO PC Andy Swinburne, of Northumbria police, reports:

‘An antiques dealer has been fined £660 and ordered to pay£75 costs after selling whale teeth and illegally possessingfor sale three pieces of elephant ivory. Northumbria Policearrested Thomas William Balmain, 50, of Millbank Crescent,Bedlington, in October 2005 following the execution of asearch warrant at his business storage centre. The NationalWildlife Crime Intelligence Unit had tipped off Northumbria

Police after discovering an advert for ‘rare Victorian whaleteeth’ on eBay, the internet auction site.

Upon executing the warrant, it was ascertained thatBalmain had sold two sperm whale teeth to a customer inAmerica. He admitted keeping for sale the elephant ivoryfigures contrary to Control of Trade in Endangered Species(Enforcement) Regulations (COTES) 1997, with no relevantpaperwork or provenance. The sale and possession for saleof such specimens – both Annex A species – is illegalunless the seller can prove either that they date from before 1947, or that they have been given an Article 10exemption certificate.

On 21 July 2006, at South East NorthumberlandMagistrates’ Court, Balmain pleaded guilty to two chargesof selling whale teeth and one of keeping for sale the piecesof elephant ivory – worked into a toothpick set, an Africanhead and a Japanese figure. Balmain was fined £250 foreach sale and £160 for the third charge.

Balmain demonstrated a good level of knowledge about the ivory and whale teeth themselves but had little idea of the regulations governing these items. As a trader, hehad to be held accountable for his actions. What has beenpleasing is the level of media interest in the case, which can only help to act as a deterrent to other traders.’

Dealer bitten by sale of whale teeth

30,000 items made from CITES speciessince the launch of Operation Charm,an ongoing MPS initiative against this trade.

The officers in the case, DS Ian Knoxand DC David Flint, would particularlylike to thank John Elliott of CrownProsecution Service Special Caseworkfor his efforts in the preparation andpresentation of this case.

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Elephant ivory was used to

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WCO PC Swinburne with

seizure of ivory.

A construction company has been

fined £1,400 and ordered to pay

£5,852.04 costs after causing damage

to salt marsh habitat in the Exe

Estuary Site of Special Scientific

Interest (SSSI) near Exeter.

On 17 July 2006, WEB ConstructionLimited pleaded guilty at CullomptonMagistrates’ Court to intentionallydamaging part of the site during theconstruction of an office at Odham’sWharf, Topsham, in August 2005.

English Nature (now part of NaturalEngland) brought the prosecution afteran employee of the constructioncompany dumped silt on the saltmarsh, smothering a 500-square metre area. It will take between threeand five years for the vegetation torecover fully.

The Exe Estuary is internationallyprotected for its wintering andmigratory wading birds and wildfowlpopulations. Over 30,000 birds spendthe winter months at the estuary. Salt

Construction company fined for SSSI damage

A developer who altered an ecological

survey to support his planning

application has been sentenced to

a 12-month community service order

and 40 hours unpaid work, and

was ordered to pay costs of £100.

PC Heather Barham, of Wiltshire

Police, reports:

‘In April 2005, Stephen Hopley (aged 55)of Seagry Rd, Chippenham, submitteda planning application to NorthWiltshire Council to build a recyclingplant on his land. He was asked tosubmit an ecological survey as it wasthought that badgers and slow wormsmay have been affected by theproposed development. This was dulyundertaken by a consultancy and thespecies in question were mentioned.Anxious to remove any impediments tohis application, Hopley decided to alterthe survey report, making light of anyreferences to wildlife. The absence ofstandard details in the report, and

Slow worms slow downdeveloper

Hopley’s flippant remarks (‘The slowworms are a transitory population – Isaw one leave with a suitcase’), caughtthe attention of the county council’secologist and English Nature, whocalled the authenticity of the report into question.

Wiltshire Police were alerted and Hopleywas interviewed. He claimed that as hehad paid for the survey, he was entitledto amend the report as he pleased,although he declared he had onlyremoved irrelevant details. The CrownProsecution Service agreed to twooffences of using a false instrument andmaking a false instrument. After severalcourt appearances, the second chargewas dropped. At ChippenhamMagistrates’ Court in September 2006Hopley was found guilty of using a falseinstrument contrary to the Forgery andCounterfeiting Act 1981 and sentenced.The progress of his planning applicationis unknown.’

marshes provide an important foodand refuge resource for wading birdsand wildfowl, such as Brent geese,avocets and black-tailed godwits.

Salt marshes are a rapidly declininghabitat with over 100 hectaresdisappearing every year in the UK. The main threats are from coastaldevelopment, flood defence works andthe impact of climate change resultingin ‘coastal squeeze’. Coastal squeeze

occurs when sea defences preventvegetation migrating landwards inresponse to sea-level rise, resulting in a loss of coastal habitats such assalt marsh.

Chris Davis, English Nature’s MaritimeConservation Officer in Devon, said: ‘Itis unusual that damage of this natureoccurs to protected sites and I ampleased that the developer haspleaded guilty to the offence.‘

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Slow worms

Similarly, a man was sentenced to four months in prison, suspended for one year, after being found guiltyof possessing eight wild birds and of possessing a trap used to catch wild birds.

The RSPCA found the birds inoutbuildings at the home of HarryBishop, in New Street, Sleaford,Lincolnshire in July 2005. A cornbunting, two bramblings, twoyellowhammers and three goldfincheswere found in five cages alongside amultiple bird trap. They were judged tobe birds that had been taken from thewild and kept in captivity, an offenceunder the Wildlife and Countryside Act1981. Bishop was sentenced on 16 November 2006 at SpaldingMagistrates’ Court.

In addition to the suspended jail term,he was sentenced to 150 hours ofcommunity service and ordered to pay£2,500 costs.

Jail terms for bird trappersThe RSPCA’s Special Operations Unit

reports on two recent cases:

On 6 October 2006, at Newton Aycliffe

Magistrates’ Court, John David

Dugdale, 46, of Spennymoor, Durham,

was sentenced to four months in

prison after pleading guilty to trapping

wild birds.

In October 2005, RSPCA inspectors and police officers found two wildgoldfinches and a bullfinch in cageshidden in a bedroom cupboard at thehome Dugdale shared with a seconddefendant, Christopher Dugdale. Lime-sticks were found in an airingcupboard, and branches on conifer treesin their garden had been prepared withglue in an attempt to trap wild birds.

John David Dugdale admitted to sixcharges, including possession of awild bullfinch and a wild goldfinchcontrary to the Wildlife andCountryside Act 1981. Magistrates

said they had no choice other than togive him a custodial sentence becausehe had two previous convictions fortrapping wild birds.

Christopher Dugdale pleaded guilty to five charges and was sentenced to70 hours community service andordered to pay £175 in costs.

Goldfinch

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Bullfinch

The Biodiversity Minister, Barry

Gardiner, launched the new and unique

National Wildlife Crime Unit (NWCU) in

Edinburgh on 18 October 2006. The

police-led unit, headed by Chris Kerr,

has been set up to co-ordinate the

targeting and disruption of serious

wildlife crime on a regional, national

and international level.

A multi-agency operation, the NWCUwill gather, analyse and co-ordinatewildlife crime intelligence and supportenforcement activities of police andHM Revenue and Customs (HMRC)officers in the UK. It will also liaisewith enforcement agencies in otherjurisdictions. A new proactive armincorporating Operation Artemis,staffed by Investigative SupportOfficers, will improve the impact of the Unit’s efforts and directly supportPolice Wildlife Crime Officers acrossthe UK Police Service.

NEWS

The UK’s leading wildlife crimeteam ‘hatches’ in Edinburgh

The NWCU’s structure and operationshave been developed over the last fouryears and have been internationallycommended and implemented as amodel worldwide.

Barry Gardiner said, ‘Working withpartners both inside and outside ofgovernment, we are now in a primeposition to tackle the perpetratorshead on. This unit sends a clearmessage: we will not tolerate wildlifecrime in the UK.’

Paddy Tomkins, Chief Constable ofLothian and Borders Police andAssociation of Chief Police Officers in Scotland lead for wildlife crime,said, ‘We pay tribute to the work thatthe unit has done up until now as partof a larger intelligence agency, all ofwhich has been exceptionallyimportant. We look forward toestablishing a close working

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Hen harrier

NWCU Investigative Support Officers

Andy McWilliam (left) and Alan Roberts.

relationship with this highly dedicatedteam of people using our combinedknowledge and skills to combat alltypes and levels of wildlife crime.’

Mark Fuchter, Head of Prohibitions andRestrictions Group at HMRC, said, ‘Wehave a close and effective workingrelationship with the unit and thechanges announced today willenhance law enforcement capabilityagainst wildlife crime even further.’

Also present was Richard Brunstrom,Chief Constable of North Wales Policeand Association of Chief PoliceOfficers lead for wildlife crime. PeterRussell, Head of the Rural AffairsGroup, who passed on a message ofsupport for the NWCU from RhonaBrankin the Scottish EnvironmentMinister, represented the ScottishExecutive at the launch.

The RSPB welcomes the formation of the National Wildlife Crime Unit and looks forward to continuing with a close working relationship. Ian West,head of RSPB Investigations said, ‘Thesetting up of the National WildlifeCrime Unit is the most importantdevelopment in combating wildlifecrime since the formation of theWildlife Crime Officer network.’ The unit is based at NorthBerwick Police Station, in Lothian and Borders.

For more information,

please visit

www.nwcu.police.uk

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Following what is believed to be the

first application for an Anti-Social

Behaviour Order (ASBO) in connection

with wildlife crime, a court has

declared that egg collecting

constitutes anti-social behaviour and

may warrant such a punishment.

In October 2006, the CrownProsecution Service tried an innovativeapproach and applied for an ASBO torestrict the movements of WayneMichael Derbyshire of East Acres,Widdrington, Northumberland. In June2006, Derbyshire was convicted ofeight egg-collecting offences contrary

Egg collecting is anti-social! to the Wildlife and Countryside Act1981 (see Legal Eagle 50). The ASBOwould have imposed a curfew and arestriction on travel to certain parts ofthe country during the 2007 breedingseason, and any further egg collectingby Derbyshire would have breachedthe ASBO conditions.

The court was required to considerwhether egg collecting is anti-socialbehaviour and likely to causeharassment, alarm or distress to thirdparties, and whether the ASBO wasnecessary to protect persons fromfurther anti-social behaviour.

On 1 November 2006, Wayne Michael Derbyshire appeared at NewcastleCrown Court for an appeal against sentence and conviction in relation to a charge of possession of items capable of being used to take wild birds’eggs, contrary to Section 18(2) of the Wildlife and Countryside Act 1981. He had previously been found guilty of this offence in June 2006 and given a Community Service Order of 280 hours unpaid work, to run concurrent with 180 hours on other matters (see Legal Eagle 50). However, followingdiscussion within the court, Derbyshire decided to withdraw his appeal in its entirety, and was ordered to pay £200 towards prosecution costs.

Recorder Judge Gordon stated he would like to commend the NorthumbriaPolice and the RSPB for their work on this case and for service to the public,which was much valued in this day and age where environmental issues are of increasing concern.

Judge commendation asappeal withdrawn

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Following lengthy deliberations, thecourt stated that they were satisfiedthat egg collecting does constituteanti-social behaviour. However, as itwas Derbyshire’s first conviction andhe was deemed to be responding wellto his Community Service Order, theapplication was unsuccessful. Thecourt felt that it was important to seewhether the Community Service Orderwas a suitable deterrent in itself, socould not justify giving Derbyshire anASBO at this time.

However, the court’s recognition ofegg collecting as anti-social behaviourmeans this approach may beappropriate in future cases, particularlythose involving repeat offenders, suchas egg collectors who remainundeterred by court sentences.

The RSPB would like to thank CrownProsecution Service ProsecutorJonathan Moore for instigating andpresenting this novel approach.

We would like to apologise to David

Griffiths, Procurator Fiscal, Perth, and

his team, for unintentionally failing to

acknowledge their efforts in securing

the conviction of Andrew Jackson

(‘Sand martin colony bulldozed’ –

Legal Eagle 50). We endeavour to

ensure that everyone involved in

the cases reported is duly

recognised, but unfortunately,

in this instance, we were

unsuccessful.

Stone-curlew

Working with wildlifeCIRIA, a provider of performanceimprovement services in theconstruction industry, has published anew book, Working with wildlife siteguide, to help ensure that thoseworking on construction sites staywithin the law relating to wildlife andfollow accepted good practice. Theguidance introduces legislationgoverning wildlife and constructionissues, gives practical advice ondealing with wildlife on sites andprovides references and contact detailsfor obtaining further guidance.

In September, the Police Service Northern Ireland (PSNI),

the British Association for Shooting and Conservation and

the Ulster Society for the Prevention of Cruelty to Animals

joined the RSPB in condemnation of the illegal persecution

of birds of prey, after a peregrine was found shot and a

buzzard poisoned in Northern Ireland.

The peregrine was found in a field near Sprucefield withfour pellets lodged in its leg, wing and shoulder. It wastaken to the vet, but died a few days later. The bird hadbeen ringed as part of a scientific study and was identifiedas having hatched this year in Co Antrim.

The buzzard was found alive, but suffering from apparentpoisoning, in the Drumbanagher area near Newry. Despitetreatment by a vet, the bird suffered haemorrhaging andalso died. Full laboratory results are still awaited, but initialresults indicate poisoning.

It is illegal to kill or injure any wild bird under the Wildlife(NI) Order 1985, and doing so will incur fines of up to£5,000 or prison sentences of six months. Penalties foranyone convicted of harming specially protected speciesincluding peregrines and buzzards (listed on Schedule 1 of the Order) are greater.

These incidents follow the alleged persecution ofperegrines in the Mourne Mountains earlier in 2006. Bird or wildlife crimes in Northern Ireland should be reported tothe PSNI and the Wildlife Officer at the Environment andHeritage Service.

The PSNI has recently appointed a full time Wildlife LiaisonOfficer to ensure that the criminals behind these and otherattacks are dealt with by the courts. The RSPB welcomesthis development as it now means the PSNI will be able to invest more resources into investigating wildlife crimes.

Collective horror at bird deaths inNorthern Ireland

The peregrine,

photographed before

its death, and the

dead buzzard (inset)

Common amphibians, commonmammals, fish, birds, protectedspecies, invasive plants, coastal andmarine habitats, grassland, heathland,hedgerows, urban habitats, wetlandsand woodlands are just some of therange of topics covered in thecomprehensive publication.

To buy a copy of the guide, visit theCIRIA website at:www.ciria.org/wildlife.htmor contact CIRIA on 020 7549 3300 or e-mail enquiries@ciria.org

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Inspecting a badger sett

The 18th annual UK Police and

Customs Wildlife Enforcement

Conference took place at the

University of Northampton between

6 and 8 September 2006. Over 130

delegates attended, representing

police forces across the UK,

Government departments and

voluntary organisations with an

interest in wildlife law enforcement.

Chief Constable Peter Maddison ofNorthamptonshire Police opened theconference, recognising the importanceof the work undertaken by wildlife lawenforcers. The conference included amix of case studies and workshopscovering topics such as the Lim orchidcase (see Legal Eagle 50) and apresentation from the recentlyappointed Interpol wildlife crimeofficer. Workshops included the use of firearms and Convention onInternational Trade in EndangeredSpecies of Wild Flora and Fauna(CITES)/plants issues.

WWF Wildlife Law Enforcerof the Year Award 2006David Cowdrey (Director of the WWFWildlife Trade Campaign) and RichardBrunstrom (Chief Constable, NorthWales Police) presented this year’saward to PC Paul Henery ofNorthumbria Police (pictured, below) at the conference. Over the past year,Paul has undertaken a large number ofdiverse investigations in his role as afull-time WCO. He has also continuedin his role as co-ordinator for OperationArtemis. He has been instrumental indesigning and implementing species

CONFERENCE NEWS

protection programmes, including oneto protect avocets that produced thefirst record of a successful breedingpair for Northumberland.

In addition to his investigative role, Paulhas made an outstanding contributionto training colleagues in all aspects ofwildlife law enforcement and providesongoing training for officers whereneeded. He works effectively with anumber of external organisations andagencies in the course of his work andmakes very good use of the media tohighlight wildlife enforcement issues.Paul has also been involved in anumber of community based projectsincluding the Longhorsley CommonRestoration project, where he securedfunding to bring rescued Dartmoorponies to the common as part of thehabitat management.

On commending Paul, his nominatingofficer said, ‘PC Henery is an extremelydedicated, committed and professionalWCO who has gained experience indealing with wildlife crime over anumber of years. He is supportive ofpartner agencies and police colleaguesin carrying out his duties and has donemuch to raise awareness of wildlifecrime locally and nationally.’

Special LifetimeAchievement AwardThis year, the Panel who assess thenominations for the Wildlife Enforcer of the Year Award also decided to makea special ‘Lifetime Achievement Award’to Alan Stewart, Tayside Police’sWildlife and Environment Officer.

Presenting the award with DavidCowdrey, Richard Brunstrom said,‘Alan has previously received theWildlife Enforcer of the Year Award in recognition of his contribution towildlife law enforcement. Hiscommitment and dedication are of the highest order, and he has made a huge difference not only to policeenforcement activity, but also toraising awareness amongst youngchildren and the wider community,throughout Scotland.’

Alan has made extensive contributionsto wildlife law enforcement in Scotlandover a number of years. Recentactivities have included drafting astrategy for tackling wildlife crime forthe years 2006–2008. In 2003, Alan

compiled a resource CD Rom, Wildlifeand the Law, for use by Scottish Policeforces. This proved to be verysuccessful and has since been modifiedfor use in England and Wales, againwith assistance from Alan.

Alan runs a number of training coursesfor WCOs and has developed a schoolstraining package. He delivers largenumbers of talks each year to adiverse range of organisations fromcountryside groups to local authorities.Alan makes very good use of themedia and is currently writing a bookabout wildlife crime due to bepublished in early 2007.

With a wide range of knowledge, Alanhas developed specialist skills in casesinvolving the abuse of pesticides. Hehas also co-ordinated Operation Eastersince 1997 – an Operation that hasdrastically reduced the incidence ofegg collecting across the UK.

Rhona Brankin, Deputy Minister forEnvironment and Rural Development,said, ‘I am delighted that Alan Stewartis being honoured with this LifetimeAchievement Award from the WWF.Whether tackling international eggthieves or dealing with illegal traps andpoisons, Alan’s passion and tirelessdedication to his work has helpeddemonstrate the central importance ofaddressing wildlife crime.’

‘This award is also a tremendousaccolade for Alan’s employers, TaysidePolice. I look forward to seeing TaysidePolice continue to break new ground in the policing of wildlife andenvironmental crime.’

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PAW

UK Headquarters

The Lodge, Sandy, Bedfordshire SG19 2DL Tel: 01767 680551

Scotland Headquarters

25 Ravelston Terrace, Dunedin House, Edinburgh EH4 3TP Tel: 0131 311 6500

The RSPB is the UK charity working to secure a healthy environment for birds and wildlife,helping to create a better world for us all. Webelong to BirdLife International, the globalpartnership of bird conservation organisations.

Northern Ireland Headquarters

Belvoir Park Forest, Belfast BT8 7QTTel: 028 9049 1547

Wales Headquarters

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

The RSPB

Printed on environmentally-friendly paper

RSPB regd charity no 207076 232-2090-05-06

Dave Dick retiresDave Dick was an Investigations Officer with the RSPB inScotland for 22 years and retired on 1 December 2006.During his time working for the RSPB, Dave wasinstrumental in raising the profile of wildlife crime againstbirds and was involved as an expert witness for theprosecution in numerous court cases.

Amongst his many achievements, Dave helped establish the Wildlife CrimeOfficer network and the Scottish Raptor Study Groups. He also helped shapepolicies, through participation in the Partnership Against Wildlife CrimeScotland. He helped design the wildlife crime elements of the recent natureconservation legislation that are now in force in Scotland in the Criminal Justice(Scotland) Act 2003, and Nature Conservation (Scotland) Act 2004. Dave will beknown to almost everybody who has an interest in combating wildlife crime inScotland, and also amongst his fellows across much of the rest of the UK.

Dave will no doubt use his increased spare time to, amongst other things,continue his lifelong passion for studying golden eagles and peregrines, aswell as indulging in playing the guitar, both of which he also does veryskillfully. We wish Dave the best for the future.

We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions

in 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 necessarily

those of the RSPB. Please help us keep the WCO mailing list up to date by letting us know of any changes.

Write to be read

PAW Certificate of MeritawardedA Partnership for Action AgainstWildlife Crime (PAW) Certificate ofMerit has been awarded to Phil Curtis,of the Natural England Hen HarrierRecovery Project (HHRP). Phil hasworked on the HHRP for 4 years across the north of England,monitoring and protecting hen harriers under extremely difficultcircumstances. Despite considerableset backs, year on year he hasdoggedly pursued the goal ofincreasing the numbers of breedingharriers in the area.

The hen harrier breeding season on the Pennines and in the Cheviots issubjected to the full spectrum ofnorthern weather extremes. Bydemonstrating his enthusiasm andcommitment to the harriers, he wasable to continually motivate teams ofvolunteers assisting him with protectingthe birds during very difficult times.

Steve Downing, UK co-ordinator ofOperation Artemis, nominated Phil for the award. He said, ‘Hen harrierprotection is an all consuming, stressfuloccupation, subjected to hugepressures, and Phil Curtis is an excellentexample of an individual dedicated toprotecting our wildlife; he is a worthyrecipient of a PAW Certificate of Merit.’

RS

PB

Keith Morton moves on…Keith Morton was an Investigations Officer with the RSPB inEngland for five years and in Scotland for 15 years. In July,Keith moved to another post in the RSPB, where his skillswill be deployed as Species Communications Officer.

Keith has been a stalwart in the investigation of wildlifecrime in Scotland, and alongside Dave Dick he has worked tirelessly with the Police to investigate the continuous stream of serious crimes that arecommitted against some of our most vulnerable bird species each year. IanThompson replaced Keith in November 2006. We wish Keith all the best withhis new role.

Dav

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

AND FINALLY

www.rspb.org.uk