Lee Yafano, 41 years of Glenfield Drive, Middlesbrough, appeared at Teeside Crown Court yesterday (25th June 2014) and pleaded guilty to three offences in connection with his taxidermist business.

In November 2012 the UK National Wildlife Crime Unit and Cleveland Police monitored an individual who was later identified as Lee Yafano, who was trading in taxidermy on the internet auction website Ebay.  It appeared that Yafano may be trading in Annex ‘A’ species without the required permits.  Species listed on Annex ‘A’ receive the highest level of protection and to lawfully use such a species for any commercial purpose, requires a government issued permit, commonly known as an Article 10 Certificate.

On 12th November 2012 Officers from the NWCU and Cleveland Police executed a search warrant at Mr. Yafano’s home, where they seized documentation and taxidermy including a stuffed Kestrel, which is included on Annex ‘A’.  The Kestrel was the subject of a live auction on Ebay, but there was no valid permit covering its commercial use.

Mr. Yafano had advertised the Kestrel as ‘coming with a valid Article 10’, however a photograph accompanying the listing showed an Article 10 Certificate that had been issued to another person and related to a completely different species.  This was a fraudulent misrepresentation.

During the search, officers noted a Western Screech Owl which had also been offered for sale.  At the time the officers did not have any major concerns about that specimen, because it was not listed on Annex A and did not require an Article 10 Certificate.  However, there are strict export restrictions on the species, which meant export permits were required if it was ever exported outside the EU.

A few days after the search, officers noticed on Ebay that the sale of the Screech Owl had been completed and it had been exported to a man in Connecticut, USA.

Despite the fact that Mr. Yafano was well versed in the legal requirements to export such species, there was no record him applying for an export permit.

Officers contacted their colleagues in the US Fish and Wildlife Service, who visited the buyer in Connecticut. 

Agents from the USFWS made a significant seizure of around 150 illegally held taxidermy, including the Screech Owl. 

The case had been listed for a 3 day trail at Teeside Crown Court, however yesterday Yafano pleaded guilty to:

1. Prohibited offering for sale the kestrel contrary to Control in Trade in Endangered Species (Enforcement) Regulations 1997

2. Fraud by misrepresentation contrary to Fraud Act 2006

3. Fraudulent evasion of export restriction contrary to Customs and Excise Management Act 1979

He pleaded not guilty to two other offences relating to fraud and the sale of a tawny owl, which were ordered to ‘lie on the file’ and a further offence relating to the possession of a Red Kite was remitted back to the Magistrates Court.

The court was told that Yafano was well aware of the legal requirements for permits and hadn’t applied for permits in an attempt to increase his profit margin.  The court heard that since the offences he had put his business on a formal footing and was complying with all the legal requirements.

Yafano was given a conditional discharge for 12 months for the ‘prohibited offering for sale’ a kestrel and the associated fraud.  He was fined £300 for the evasion of export restrictions in relation to the Screech owl.  Yafano was also ordered to pay £715 costs and victim surcharge (total £1015).

Following the case Andy McWilliam for the NWCU said, “It was clear that Mr. Yafano was well aware of the legal requirements and records show that he had applied for numerous permits in the past.  His applications reduced significantly after 2009, which coincided with DEFRA introducing cost recovery charges.  Unlike most bona fide taxidermists, Mr. Yafano seemed more interested in his profit margin than complying with the law.  In conservation terms, the legislation is vital and it is aimed at controlling trade that if unchecked would put species at risk.  It is not for individuals to pick and choose when they should and shouldn’t comply.  I am sure Mr.Yafano now realises this”.