Naughty Naughty!!

[treequip]

Correct me if wrong but pigeon comes under vermin and I am sure that the client can contract somebody to remove the nest ie you:confused1: If you come across say a Robin nest during nesting season you must leave it or if accidentaly removed try and relocate it at a similar height, the mother will usually find it.

 

Ok, you are wrong.

 

All wild birds are protected under the Wildlife and Countryside Act 1981, whilst they are actively nesting or roosting.

 

Section 1 of this Act, makes it an offence to kill, injure or take any wild bird, and to intentionally take, damage or destroy the nest of any wild bird while that nest is in use or being built.

[Robert_S]

has anyone EVER been prosecuted?? i cant see them getting 6 month as the prisons are over filled and smackies are getting 3 month for robbing, so has anyone got a link to a story of an actual prison sentence being given.

 

Or is this another someones mate in the pub said his cousin knows a guy who knows a guy who when he was on a site another guy said his other mate got 6 month for taking a worm off a blackbird:001_rolleyes:

[likeitorlumpit]

You can't just assume

You need to look at circumstances

I'm not that familiar with the ins and outs of the wildlife and countryside act

what does it actually say? Quoted not assumed?

For example- if a tree was dangerous and lives were at risk- should that require you to wait till they have fledged.

What about property- does the same apply?

What value property?- A house. A car. Another tree?!!

Would your insurance company pay out if you knew a tree was dangerous but left it because a tree surgeon said there was an occupied nest?

Would you climb the dangerous tree and remove the nest to a place nearby- Can you do this with all bird species?

What if your risk assessment said the tree was unclimbable.

Should you get in a MEWP?- at what expense?- and for pigeons?!!

I'd be interested to know if anyone on here has definitive answers to these questions and not just assumed answers.

Now THAT would be a resource:thumbup:

[treequip]

I know of one at least but the case is heard in the magistrates court and short of the odd press clipping they don’t get recorded. The offence would need to be severe indeed to attract a custodial. The case I brushed against was a fine. The developer wanted to break ground and took it on the chin as the cost of doing business.

 

It would get recorded if the defendant appealed to a higher court but that’s expensive territory and when you are bang to rights there wouldn’t be much point.

[Mesterh]

I know of one at least but the case is heard in the magistrates court and short of the odd press clipping they don’t get recorded. The offence would need to be severe indeed to attract a custodial. The case I brushed against was a fine. The developer wanted to break ground and took it on the chin as the cost of doing business.

 

It would get recorded if the defendant appealed to a higher court but that’s expensive territory and when you are bang to rights there wouldn’t be much point.

 

Sounds like the consequences arent worth worrying about then since that sounds like the worst case scenario!

 

I doubt anyone will care if the odd pigeon nest gets a bashing by mistake.

 

We usually leave nests if they have chicks but more often enough they are a casualty of war and its usually too late when they are found(99.9% of the time its pigeons in leylandii hedges).

 

I could probably count the number of jobs I would win on one hand if I had to conduct and charge for a bird survey!

 

Bizarre that you could possibly be fined and jailed for disturbing a nesting pigeon then go and shoot it while its causing a nuisance elsewhere.

 

I try not to kill stuff but then again I wouldnt mind if all the sycamore aphid were wiped out.

[likeitorlumpit]

Sounds like the consequences arent worth worrying about then since that sounds like the worst case scenario!

 

I doubt anyone will care if the odd pigeon nest gets a bashing by mistake.

 

We usually leave nests if they have chicks but more often enough they are a casualty of war and its usually too late when they are found(99.9% of the time its pigeons in leylandii hedges).

 

I could probably count the number of jobs I would win on one hand if I had to conduct and charge for a bird survey!

 

Bizarre that you could possibly be fined and jailed for disturbing a nesting pigeon then go and shoot it while its causing a nuisance elsewhere.

 

I try not to kill stuff but then again I wouldnt mind if all the sycamore aphid were wiped out.

 

I admire your honesty

I do though believe there is some benefit to be had from leavin g nests

Your customers will definately talk to people about you- especially when asked why the tree surgeons have left the tree looking deformed.

It is though a difficult decision when you've travelled 60 miles with 4 blokes to do a job:confused1:

[LancsMike]

Try and get hold of the company that did that and report em to RSPB, RSPCA. Would be a hefty fine for them and maybe 6 months prison for bloke who felled the tree.

 

It's a bit much to go out of your way to report someone when it could have been a genuine mistake ? We all make them. I know later on you said if it was a mistake then fair play but your first call of action was to Grass the guy up and get him in some serious trouble with a hefty fine. That's just a bit extreme really, I'd rather RSPCA and RSPB Resources were focused on the real cowboys than a if/but/maybe situation but that's just my take on it.

 

I hope the Chicks survive and the Parents come back to them either way.

[eddiegts]

I have lots of jobs were I have said sorry we cant work on that tree due to nesting birds and they have said ok fine can you come back in a week because they will be gone! (they have knocked the nest out)

[Highland Forestry]

Playing devils advocate here...

 

You say that the tree was felled, hung up and then winched out..

 

Could it have fallen/blown over and then had to be winched out for public safety?

They may well have known there was a nest there and thats why the log was dragged to the side and left instead of cut up?

 

It would be interesting to find out the whole story.

 

If it is a case that the tree was felled intentionally, and knowingly with a nest inside then yes the contractor could come under some scrutiny, but it may be the other way round - the contractor may have tried to be sympathetic towards the nesting birds.

 

Either way, if it was a dangerous tree and there were possible property or public targets within falling distance, you start to mitigate between the value human life and animal life - very interesting politics!

[Stephen Blair]

Good post Matt:001_cool: