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Old Saturday 4th February 2006, 12:17   #1
Marmot
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Selling artificial Birds Eggs illegal?

Just had a look on the BBC news website and found this item.

Quote:
Man tried to sell rare bird eggs

A man has been cautioned by police on Wearside after offering British birds of prey eggs for sale on the internet.

Northumbria Police were contacted by investigators from the Royal Society for the Protection of Birds (RSPB).

Although the eggs proved to be fake and made of resin, police stressed it was still illegal to offer them for sale.

The 40-year-old, from South Hylton, Sunderland, was cautioned after admitting possession with intent to sell endangered species.

Illegal trade

Pc Nick Pearson, wildlife crime officer for Northumbria Police, said: "We want to remind anyone considering collecting birds eggs that they commit an offence if they collect these items, offer them for sale or place an advertisement to gain them. "This is not a harmless hobby, individuals involved in this illegal trade can be arrested and they face a maximum penalty of five years imprisonment or a fine of up to 5,000." The eggs offered for sale included golden eagle, peregrine falcon, goshawk, merlin, hen harrier, montagu harrier, osprey and sparrow hawk.
BBC News Page link http://news.bbc.co.uk/1/hi/england/wear/4680482.stm

It just seems strange that on recent threads ie http://www.birdforum.net/showthread....highlight=eggs

that it was alright if they are replicas, but it seems now as if it is not....I think the RSPB and Police will have to make their minds up one way or the other.
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Old Saturday 4th February 2006, 14:22   #2
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This is the line that has me confused ???

"The 40-year-old, from South Hylton, Sunderland, was cautioned after admitting possession with intent to sell endangered species."

Endangered resin ????

He may have been trying to defraud any perspective buyer if he offered them as real eggs, but why is he admitting to sell endangered species ?
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Old Saturday 4th February 2006, 14:56   #3
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Quote:
Originally Posted by TexasFlyway
This is the line that has me confused ???

"The 40-year-old, from South Hylton, Sunderland, was cautioned after admitting possession with intent to sell endangered species."

Endangered resin ????

He may have been trying to defraud any perspective buyer if he offered them as real eggs, but why is he admitting to sell endangered species ?
something funny here - possibly misreported. Perhaps he thought they were real, hence the intent to sell, but theres still no possession.
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Old Saturday 4th February 2006, 17:21   #4
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Confused..you soon will be!

I always thought that selling replicas was legal.


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Old Saturday 4th February 2006, 17:37   #5
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Here is another article on it found in Sunderland Today/Sunderland Echo
Quote:
Police caution for rare egg collector
A MAN who tried to sell rare British birds of prey eggs over the internet has been given a caution by police.

The 40-year-old Sunderland collector advertised the eggs on popular internet auction website, eBay, but was caught red-handed by a special wildlife protection team.
Police in Sunderland were contacted by the investigations department of the RSPB which had found that eggs from Golden Eagles and Ospreys were being offered for sale.
Trade in the eggs is illegal and wildlife experts launched a full investigation in a bid to track down the Sunderland seller.
Following extensive inquiries, police raided the man's South Hylton home, seizing more than 18 of the rare eggs.
The occupant was then arrested under the Wildlife and Countryside Act 1981, for possession with intent to sell under the control of trade of endangered species.
Although the eggs proved to be fake and were made of resin it is still an offence to offer such items for sale.
He admitted the offence and received a police caution yesterday.
Pc Nick Pearson, wildlife crime officer for Sunderland Police said: "We want to remind anyone considering collecting birds' eggs that they commit an offence if they collect these items, offer them for sale or place an advertisement to gain them.
"This is not a harmless hobby. Individuals involved in this illegal trade can be arrested and they face a maximum penalty of five years' imprisonment or a fine of up to 5,000."
The eggs offered for sale also included Peregrine Falcon, Goshawk, Merlin, Hen Harrier, Montagu Harrier and Sparrowhawk.
The trade in birds' eggs has been widely condemned and the RSPCA has vowed to continue investigations in a bid to bring any other Sunderland egg traders to justice.

04 February 2006
http://www.sunderlandtoday.co.uk/Vie...icleID=1340123
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Old Saturday 4th February 2006, 19:57   #6
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If nothing else,I hope this serves a timely reminder to "eggers" that the public and the police treat egg collecting seriously.As Spring approaches,I would like to think it would make some "eggers" think twice but somehow,I doubt it.
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Old Saturday 4th February 2006, 20:11   #7
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I think it's a case of bad reporting. It doesn't make much sense to me either. I can only surmise that the guy was selling them as if they were real eggs - that way the fact they're actaully artifical wouldn't matter.

This is the bit that gets me though -
Quote:
Although the eggs proved to be fake and were made of resin it is still an offence to offer such items for sale.
Could be I've missed something in the legislation? Unless they've missed off 'Although the eggs proved to be fake and were made of resin it is still an offence to offer such items for sale as if they were real'
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Old Saturday 4th February 2006, 23:13   #8
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Quote:
Originally Posted by IanF
I think it's a case of bad reporting. It doesn't make much sense to me either. I can only surmise that the guy was selling them as if they were real eggs - that way the fact they're actaully artifical wouldn't matter.

This is the bit that gets me though -

Could be I've missed something in the legislation? Unless they've missed off 'Although the eggs proved to be fake and were made of resin it is still an offence to offer such items for sale as if they were real'
I guess then no one should offer wooden or even Faberge' eggs in that case.
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Old Saturday 4th February 2006, 23:27   #9
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I find some aspects of this case confusing also. In fact, I would think that selling artificial eggs would be legal, provided that they were sold with the understanding that they were artificial. I could see a benefit in allowing sale of artificial eggs since it would let people interested in such things have them without harming the species, sort of the way some places offer model skeletons and such.

I imagine there is something not being reported.
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Old Sunday 5th February 2006, 09:54   #10
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Quote:
Originally Posted by dendroica_john
I find some aspects of this case confusing also. In fact, I would think that selling artificial eggs would be legal, provided that they were sold with the understanding that they were artificial. I could see a benefit in allowing sale of artificial eggs since it would let people interested in such things have them without harming the species, sort of the way some places offer model skeletons and such.

I imagine there is something not being reported.
I think the offence is offering for sale (birds' eggs) material that cannot legally be sold even if the eggs in question are fake. Like offering to sell an officer a quarter of oxo cube, an ounce of dried origano or a gramme wrap of the finest Imperial Leather talc for 40.
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Old Sunday 5th February 2006, 09:55   #11
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Quote:
Originally Posted by TexasFlyway
I guess then no one should offer wooden or even Faberge' eggs in that case.
If someone offered Dodo eggs or similar for sale on e-Bay, would the Police/RSPB see the 'yolk' do you think?
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Old Monday 6th February 2006, 13:17   #12
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Quote:
Originally Posted by Anthony Morton
If someone offered Dodo eggs or similar for sale on e-Bay, would the Police/RSPB see the 'yolk' do you think?
careful you don't upset the plod there Anthony ,you'll be getting your door kicked in soon enough with such brazen comments
on topic, i have seen small collections of these resin eggs on open sale in a shop in the Lake District, think they better check out their stock

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