Naughty Naughty!!

[David Goss]

I had a similar situation last week in a conifer hedge, I knew it was likely to find nesting birds so i had a quick look before i started. Needless to say about 5 cuts in i cut a branch with a nest in it with 2 chicks which i think are starlings. I didnt see the nest at all even after having a look with the really thick foliage. I put the nest back as best i could and decided to stop the job, just as i did that i turned to start climbing down again and there is a pigeon chick staring at me from its nest in the next branch!

So here is a question... I checked the hedge before i started and only found the nests when i had cleared some branches so should i be prosecuted for it? even after checking?

Mistakes happen and are easily done when working in those situations where it is difficult to see through the thick stuff. Do we have any leg to stand on if some crazy fanatic kicks up stink because you cut a branch with a nest you didnt see?

As it happens i felt real bad for the chicks and i hope they are ok, I guess the worry i had for them is worse than any fine i could get for it seeing as i love nature and everything in it.

[tomtrees]

And how did you work that one out then?

 

It is proverbial or expression I think came from Charles Dickens and the ass being referred to is the Donkey haveing a reputation for obstinance and stupidity. It is the stupidly rigid application of the law that this phrase calls into question

[David Goss]

that was like going to confession! i feel much better

maybe i should become a catholic!

[Adam Bourne]

It is proverbial or expression I think came from Charles Dickens and the ass being referred to is the Donkey haveing a reputation for obstinance and stupidity. It is the stupidly rigid application of the law that this phrase calls into question

 

 

nice answer thought i might of had some abuse then.

 

Hi David hope things are well with you mate, I do see everyone's point on this thread mate and i do realise accidents do happen, but 99.9% shouldn't happen, my opinion was aimed towards mindless ignorant people who would take the risk just to earn a dollar.

[18 stoner]

So here is a question... I checked the hedge before i started and only found the nests when i had cleared some branches so should i be prosecuted for it? even after checking?

 

If you disturbed them, yes. It seems like you stopped before disturbing them though.

 

The law states its illegal to disturb a nesting bird. End of.

 

If you didnt carry out an adequate survey, you should have.

[Matthew Arnold]

If you disturbed them, yes. It seems like you stopped before disturbing them though.

 

The law states its illegal to disturb a nesting bird. End of.

 

If you didnt carry out an adequate survey, you should have.

 

But how can you carry out an adequate bird nest assesment on a conifer hedge that hasnt been cut for 3 months. Without setting up the day before with a notebook and an accurate watch counting the amount of times a species of bird goes into a specific spot.

Edited May 20, 2011 by Matthew Arnold

[tomtrees]

Yes but the law is an ass LOL

[18 stoner]

But how can you carry out an adequate bird nest assesment on a confier hedge that hasnt been cut for 3 months. Without setting up the day before with a notebook and an accurate watch counting the amount of times a species of bird goes into a specific spot.

 

Matt, I think you just answered your own question mate!

[Stephen Blair]

But how can you carry out an adequate bird nest assesment on a confier hedge that hasnt been cut for 3 months. Without setting up the day before with a notebook and an accurate watch counting the amount of times a species of bird goes into a specific spot.

 

Infrared camera??

[David Goss]

If you disturbed them, yes. It seems like you stopped before disturbing them though.

 

The law states its illegal to disturb a nesting bird. End of.

 

If you didnt carry out an adequate survey, you should have.

 

Being freelance it wasnt my job anyway but still even after checking i couldnt see the nests till i cut the branch. I would say it would be almost impossible to have seen those nests in a survey.

 

I am good Majestic thanks just a bit tired from a lot of sweating and then a lot of traffic getting home

Accidents do happen yes and i agree that a lot of the cases are just plain ignorance. As for the nest in the hole i think that could have been spotted quite easily but also i cant comment because i dont know the circumstances behind the job...