CCU 7^th Floor

Eastbury House

30-34 Albert Embankment

London

SE1 7TL

Email: [email address]

Website: www.defra.gov.uk

Dear Mr Holmes,

The Killing of Birds of Prey

Thank you for your email of 9 January about the killing of birds of prey. I have been asked to reply to your letter, which is not being treated as a Freedom of Information request as this information is in the public domain.

Within the European Union, the EC Birds Directive on the Conservation of Wild Birds affords protection to all wild birds. This Directive lays down rules for the protection, management and control of these species. Member States are required to introduce legislation in line with the Directive's requirements and to ensure that it is applied effectively. All wild birds are protected under Section 1 of the Wildlife and Countryside Act 1981, which protects birds, their nests and eggs from intentional killing, taking, damage or destruction. The penalty for intentionally killing a wild bird is a £5000 fine and/or up to a six month prison sentence.

We are aware of incidences of illegal killing of birds of prey and take the issue seriously. On the basis of work carried out by the National Wildlife Crime Unit (NWCU) hen harrier persecution is one of the five wildlife crime priorities for the UK. This particular species is subject to a prevention, intelligence and enforcement plan led at Chief Constable level. In addition, the NWCU will continue to monitor and gather intelligence on illegal activities affecting birds of prey, and provide assistance to police forces when required.

The intentional use of poisoned bait to kill any wild bird is prohibited under section 5 of the Wildlife and Countryside Act 1981. The Government seeks to protect wildlife from the misuse or abuse of pesticides through the Wildlife Incident Investigation Scheme (WIIS). In 2006 the Scheme investigated almost 200 cases of pesticide poisoning of birds. Where there is sufficient evidence, enforcement action will be taken against those who misuse or abuse these chemicals.

WIIS is supported by the Campaign Against Illegal Poisoning of Wildlife (CAIP). CAIP aims to prevent misuse and abuse of pesticides by advising farmers, gamekeepers and other land managers on legal ways of controlling pests, and advising the public on how to recognise and report illegal poisoning incidents. Information on both WIIS (including monitoring results) and CAIP is available on the Pesticides Safety Directorate's website at: www.pesticides.gov.uk

Despite a handful of instances of poisoning and killing of birds of prey, over the last ten years no populations of birds of prey have declined in Great Britain, and many, such as the peregrine falcon, red kite and buzzard have increased. Whilst a tiny minority are prepared to kill birds of prey, and these people should be brought to justice, this demonstrates that, overall, the policies in place to conserve these species are working. We do not believe that regulating land owners and their employees would provide any additional benefits to those that are already delivered through the existing legislative framework.

Yours sincerely,

Geoff Collard

pp. Kevin Woodhouse

Defra - Customer Contact Unit