Following a 6 day trial at Reading Crown Court the jury returned a guilty verdict on 4 offences relating to the sale and advertising for sale, via eBay, of antlers from CITES protected species namely Marsh Deer and Pampas Deer.
Investigations by Thames Valley Police assisted by the National Wildlife Crime Unit (NWCU) identified the seller as a Mrs Toni KEEP, who resided in the Thames Valley area. Checks that had been made with the Animal, Plant and Health Agency (APHA) revealed that no Article 10’s, as required by law, had been applied for or issued in relation to the sale and attempted sale of these items. As a result of the work carried out by the NWCU, officers from Thames Valley Police attended at the home address of Mrs Keep and recovered a pair of Marsh deer antlers and a pair of Pampas Deer antlers. Mrs KEEP was subsequently arrested and interviewed during which she claimed that as the items pre dated 1947 there was no requirement for her to apply for Article 10’s in order to sell them.
The protracted hearing heard legal arguments relating to the interpretation of the ‘worked specimens’ derogation. This derogation states that an item including the ‘parts and derivatives’ of endangered species shall be exempt from normal sales control as laid down under the European Regulations if they were acquired prior to 1947 and had been ‘significantly altered’ from their natural raw state for jewellery, adornment, art, utility or musical instruments.
The defence argued that the antlers, which had been mounted on wooden boards or that still remained attached to a skull, had been worked on and met the requirements of the derogation as having been significantly altered.
Expert evidence provided by Dr. Andrew Kitchener, the principal curator of vertebrates at the National Museums Scotland and a part time Wildlife Inspector with APHA, gave evidence on the identity of the specimens concerned, further evidence given by both APHA and the Joint Nature Conservation Council (JNCC) assisted in providing that the items had not been significantly altered from their natural raw state.
In sentencing Mrs. KEEP the judge took into account various factors including her age, 70yrs and the fact that in this case it was not contested that the items were old, Mrs. KEEP received a 12 month conditional discharge and ordered to pay costs of £1000, both sets of antlers were ordered to be forfeited.
This case was important in highlighting the issue of trading in parts or derivatives derived from species listed under CITES, it is recommended that if there is any doubt in relation to the legality of the sale of such specimens the seller is advised to contact APHA to seek advice before selling them.
The legislation is in place to prevent the illegal exploitation of protected species for commercial gain and issues such as the antique derogation are an important factor which shouldn’t be exploited for commercial gain.
Both species of Deer are from South America and are listed on Appendix I of CITES. The Marsh Deer is listed as Vulnerable by the IUCN with the Pampas Deer as Near Threatened. Both species are currently recorded as declining in numbers with hunting being one of the contributing factors (source JNCC)
