Bird nesting season vs potentially dangerous tree

[warren]

Ok .. no mr shouty bird spotter today - so i guess me having all the paperwork - the police saw sense .. anyway job completed and this is what we found (apart from a long dead mummified woodpecker in its nest ... popped the phone into the hole just be be on the safeside this morning) ..... on the scale of potential dangerous .. how does this fair ? 14ft stem left standing and these were the 2 truck bases above the cavity.

 

and i rigged of both of those . oh for xray specs.

Edited May 4, 2018 by warren

[Anno]

2 hours ago, Daniël Bos said:

Yes, but the op states the nest isn't in the tree in question

The Law states that if you 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.
Read more at https://www.rspb.org.uk/birds-and-wildlife/advice/wildlife-and-the-law/wildlife-and-countryside-act/#qBYW0ISUXACZB2fq.99

 

Disturbance doesn't necessarily mean occupation

[westphalian]

avoided.
A person may kill or injure a wild bird, other than one included on Schedule 1, if they can show, subject to a number of specific conditions, that their action was necessary to preserve public health or air safety, prevent spread of disease, or prevent serious damage to livestock, crops, vegetables, fruit, growing timber, or fisheries (contact Defra for more information).

Read more at https://www.rspb.org.uk/birds-and-wildlife/advice/wildlife-and-the-law/wildlife-and-countryside-act/exceptions/#uoU42b7kf2g0sU3V.99

[woody paul]

I know what the rspb states but as soon as you start work in garden birds may fly off and stay at a distance for a will but they soon come back, 

[kevinjohnsonmbe]

6 hours ago, warren said:

A 6ft cavity about 4ft off the ground in a 60ft tree. I dont want to leave it til august because i have started work on it and would assume that it is now my responsibility which for the sake of a couple of birds possibly in neighbouring trees i am not prepared to leave.

 

 

What is a 6ft cavity in 3 dimensions and in relation to the whole (not hole, whole)?  

[warren]

see above pic of end of job.

[Gary Prentice]

5 hours ago, EdwardC said:

What's that got to do with it. The offence is 'disturb'. Disturb isn't qualified by 'in the same tree you are working in'.

I wonder what the legal definition of disturb is?

 

Could a window cleaner be prosecuted for putting a ladder up below the eaves when a House Martin is nesting? Back when they all used ladders..

[devon TWiG]

A guy in my area recently has been in court for collecting eggs from rare birds , including Osprey , Golden Eagle and ended up with a suspended sentence and a nightime curfew during the nesting season .... this is about as serious an offence  possible so the probability of getting in bother for doing the job described above  is extremely unlikely 

[forestboy1978]

1 hour ago, devon TWiG said:

A guy in my area recently has been in court for collecting eggs from rare birds , including Osprey , Golden Eagle and ended up with a suspended sentence and a nightime curfew during the nesting season .... this is about as serious an offence  possible so the probability of getting in bother for doing the job described above  is extremely unlikely 

You'd bloody think so....

 

I'm not a tree surgeon but looking at those trunks I'd estimate that could have gone down any moment and they'd soon look for someone to blame if it fell and killed someone. 

 

Unlucky for the birds but to me that's an easy decision. 

 

Interesting thread though. Makes me wonder whether drilling a trunk now and then to feel how solid it is might be wise?

[kevinjohnsonmbe]

8 hours ago, EdwardC said:

The offence is 'disturb'. 

Isn't it "intentionally and or recklessly" disturb etc, etc....?

3 hours ago, Gary Prentice said:

I wonder what the legal definition of disturb is?

 

Could a window cleaner be prosecuted for putting a ladder up below the eaves when a House Martin is nesting? Back when they all used ladders..

Or each and every one of us on a daily basis (within the nest building and using season) as we drive down the road and a Blackbird is startled from the hedgerow....

2 hours ago, devon TWiG said:

A guy in my area recently has been in court for collecting eggs from rare birds , including Osprey , Golden Eagle and ended up with a suspended sentence and a nightime curfew during the nesting season .... this is about as serious an offence  possible so the probability of getting in bother for doing the job described above  is extremely unlikely 

Saw that on the news, despicable, but kind of puts this nonsense into perspective....