Breeding Birds. Sammy Paran

Transcription

1 Breeding Birds Sammy Paran

2 Why a brief on breeding birds? They are protected Network Rail was nearly prosecuted in 2012 Repeated incidents are losing us political support Inability to demonstrate legal activity has delayed operations Issues have been discussed on local and national media and globally on the internet

3 What is protected?

4 Beechwood Trees and Landscapes Ltd 2013 Rights reserved Yersinia

5 What is protected? It is an offence to; intentionally kill, injure or take any wild bird intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built intentionally take or destroy the egg of any wild bird There are some species that have extra protection and it is an offence to; intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird

6 Exceptions It may be a defence if it can be shown that the activity was necessary for the purpose of preserving public health or public safety; This does not apply to Schedule 1 birds Advice should be sought to determine if the safety exception can be relied upon Pre-planned work is unlikely to be considered safety critical

7 Penalties Delay to work incurring additional costs Damage to company reputation Individuals and organisations may be prosecuted

8 What do I do then? (1) Ideally, plan work for outside the nesting season when birds are less likely to be breeding Be aware; Weather can disrupt breeding patterns Some species can nest all year round

9 When is nesting season? Whenever they decide to nest Ynysforgan Jack

10 Nesting season J F M A M J J A S O N D Differing opinions, but with overlap; Natural England 1 between early March and late August Natural England 2 1 st March to 31 st July RSPB between March and August Let s just assume 1 st March to 31 st August

11 What do I do then? (2) So, work has to take place between 1 st March and 31 st August; Specify the minimum amount of vegetation clearance to enable safe rail operations Undertake daily bird / nest checks Use form NR-BBCv1 Jun13 Carry out tool box talks Be prepared to stop work if nests are found Be able to demonstrate that work can take place legally Where safe to do so, leave areas untouched

12 But I m only strimming the grass Birds don t only nest in trees Neil Strong Neil Strong

13 What does form NR-BBCv1 Jun13 do? Helps you; Check for any evidence of suitable habitat Look for indications of territorial behaviour Check for any nesting activity Look for birds carrying food Check for signs of nests and nesting places Then, record it and act upon it Exclude and carry on, or Postpone operations

14 Martin Baldwin Neil Strong RSPB

15 What do I need?

16 How do I do it? (1) Start check as early as possible, ideally before 09:00hrs Always do a check, even if after 09:00hrs and record time For emergency work, do the check immediately before work It s not called the dawn chorus for nothing For planned night time work, do the check in the daylight shift immediately before operations

17 How do I do it? (2) Walk at normal walking pace It should take about 10 minutes to do 220 yards

18 How do I do it? (3) Record every bird seen or heard with a Record every nest, or suspected nest, with a N TIP: Birds flying above the tree line probably have somewhere else to get to

19 Exclusion zones (1) No birds & no nests mark up 4no. exclusion zones every ¼ mile the size of two double beds Birds but no nests mark up 4no. exclusion zones every ¼ mile the size of two double beds Nests with or without birds mark up exclusion zone around nest plus additional zones totalling 4no. per ¼ mile Exclusion zones to be >5 metres from the nearest rail

20 Exclusion zones (2) Marked up area

21 Extras Daily records to be completed There should be no longer than 24 hours between a breeding bird check and work starting in a given area Record length of area checked in Comments box Be aware; records may be subject to external scrutiny Keep records for 3 years They are available for audit They demonstrate we are using good practice They can help justify doing work

22 Questions? James Clay