Peregrine falcons: Bird of prey breeder fined thousands for illegally selling falcon chicks

Police Scotland say the man sold the protected chicks "for his own profit and under false pretences"

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A Scottish bird of prey breeder who sold illegal peregrine falcon chicks for thousands of pounds has been hit with a hefty fine. 

West Lothian man Gary MacFarlane, 62, has been fined £2,100 and ordered to forfeit £5,220 in cash seized from his home, after previously pleading guilty to a number of wildlife offences at Livingston Sheriff Court. MacFarlane admitted failing to complete the necessary documentation needed to sell the protected birds under CITES - the Control of Trade in Endangered Species - regulations, as well as offering one falcon and selling two others without an 'Article 10' certificate, as required by law. 

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He also pleaded guilty to seven counts of making false declarations over the parentage of birds he bred at his home in Blackridge, in June 2021. The court heard that MacFarlane had misled online buyers by providing them with letters indicating he had applied for the proper registration certificates for the birds. 

MacFarlane had sold a number of peregrine falcons without the correct paperwork, despite claiming he'd applied for it (Photo: Adobe Stock)MacFarlane had sold a number of peregrine falcons without the correct paperwork, despite claiming he'd applied for it (Photo: Adobe Stock)
MacFarlane had sold a number of peregrine falcons without the correct paperwork, despite claiming he'd applied for it (Photo: Adobe Stock)

His offences came to light after bird of prey enthusiasts who answered his ads on a bird trading website agreed to pay several thousand pounds to buy a number of peregrine falcons. Each time MacFarlane insisted that he had applied to the The Animal Plant and Health Agency (APHA) for the right documents. However, the organisation received an anonymous tip-off that he was offering young male birds for sale without them.  

Iain Batho, wildlife crime lead for the Crown Office and Procurator Fiscal Service, said in a statement: “It is highly important to preserve Scotland’s natural heritage, including the wildlife that forms part of it. Birds of prey are given strict protection by our law and this includes ensuring adherence to the strict rules that are in place for the lawful trade and registration of such animals."

The rules were in place, he said, “to ensure that the trade of birds of prey is carried out lawfully and to ensure the ongoing health and welfare of the bird of prey population in Scotland, both in the wild and in captivity". Police Scotland investigator Detective Constable Steven Irvine told Sky News that the birds involved were protected chicks, and that MacFarlane had sold them "for his own profit and under false pretences".

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He added: "This case sends a strong message to those who flout regulations in terms of our endangered and protected species that Police Scotland will thoroughly investigate these crimes and bring those responsible to justice."

The peregrine is the UK's largest falcon. The species, originally native to the North, has now spread across much of the country, with the Wildlife Trusts saying numbers have bounced back in recent years after past persecution. Wild peregrine falcons are protected in the UK under the Wildlife and Countryside Act.