Calls for change to law as attacks on birds of prey soar

In its 20th annual Birdcrime report the RSPB says 2009 saw the second highest number of birds of prey persecuted in a decade in the UK and it believes landowners should be penalised if gamekeepers on their estates are found guilty of poisoning birds of prey.

There were 384 reported "persecution incidents" last year. The highest since 2000 was recorded in 2007, when there were 389 incidents. Several police force areas suffer higher levels of bird of prey crime than the rest, and in England, North Yorkshire is top of the league with 64 confirmed bird of prey persecution incidents, followed by West Mercia (81), Northumbria (58), Devon and Cornwall (57) and Cumbria (47).

Only this week a farmer in North Yorkshire found a wounded buzzard on land at Dallow, near Pateley Bridge. He contacted the RSPB and the bird was taken to a rehabilitation centre, where it was found to have been shot, with two pellets lodged in its leg, but is expected to recover.

Pc Mark Rasbeary, North Yorkshire Police's wildlife crime co-ordinator, said: "We should be proud that these fantastic birds are living in our area and they should be enjoyed, instead of being killed and injured by a mindless minority of people. North Yorkshire Police is determined to put a stop to such barbaric behaviour."

The RSPB's 20th annual Birdcrime report sets out 11 recommendations for Government action to help stop such crimes. The charity said it wanted to see a commitment from the Government to tackle crimes against birds of prey and long-term funding for the National Wildlife Crime Unit.

The recommendations include modernising the regulation of game

shooting, conducting a review of the enforcement of wildlife crime in England and Wales, improving recording and reporting of wildlife crime, and updating legislative provisions in England, Wales and Northern Ireland, including controls on possession of pesticides.

In 2009, there were 224 reported incidents of bird of prey persecution in England, 123 in Scotland, 17 in Wales and 11 in Northern Ireland.

Dr Mark Avery, the RSPB's conservation director, said: "Wildlife crimes are an abhorrent feature of our countryside. And for the sake of eagles, kites, harriers, buzzards, falcons and ospreys we have to take more action to consign these crimes to history. Over time, egg collecting has diminished, but the killing of birds of prey is as big a threat today as it was two decades ago.

"Earlier this year, the former wildlife minister – Huw Irranca-Davies – was one of more than 210,000 people to sign a pledge to protect birds of prey. This is a powerful voice and we will not rest until their cries have been heard by Government."

The RSPB said it was concerned that resources to tackle wildlife crime would be seen as a "soft option" where spending cuts could be made.

The organisation said the conflict with land managed for the shooting of game birds remained the "main problem for birds of prey", particularly the upland grouse-shooting estates in northern England and Scotland. The main birds affected are golden eagle, white-tailed eagle, hen harrier, goshawk, peregrine and red kite.

The charity said it was also concerned that the shooting industry appeared "unable to self-police" and said it believed new legislation was required.

Options such as "vicarious liability" – which holds employers

accountable for crimes committed against protected birds by gamekeepers or other staff on their land – need to be considered as does the removal of shooting rights for individuals, says the RSPB.

Christopher Price, director of law and policy for the Country Land and Business Association, said: "The killing of any protected species is a crime and we would condemn it. But you can only punish someone after allegations have been proved. It's not right to say that a landowner should be penalised because something may or may not have been committed on their land.

"Landowners work closely with the police and RSPB to prevent bird crime. While not all shoot owners will welcome birds of prey on to their land, it's not fair to say they would persecute them. If a landowner directed a keeper to commit a crime against a protected bird, then yes they should bear some responsibility. But if there is no connection, then they should not be punished."

He added that many police forces are cutting back on wildlife crime officers. "We think that's a shame, as it's very useful for forces to have dedicated offers who understand countryside matters."

Although there are few actual prosecutions for bird crime

each year, the law is adequate already, says Richard Crompton, of the Association of Chief

Police Officers.

"The illegal killing or persecution of birds of prey is totally unacceptable. The protection offered to birds of prey by the law is clear and the police will enforce that legislation."