Bird Scarer legalities

Dimey

I wonder whether anyone can save me the cost of a specialist solicitor.
Are there any rules that can stop a farmer using one of those gas powered bird scarers (that sound like a shot gun going off every half hour dawn to dusk) during the closed season Mar 1-Jul 31.

The farmer next to me has placed his scarer right next to my wood where pheasants & partridges are nesting and raising early young. Some birds have been scared enough to abandon their eggs in nests.

I know the birds are protected by the Wildlife & Countryside act 1981 (details below) but police round here refuse to enforce it. I've spoken to the farmer and he won't change as he knows there's nothing I can do and is focussed on preserving his crop from passing pigeons.

Would it be worth me spending on a solicitor to find out what I can do to help protect these birds?
Does anyone other than the police have responsibility to enforce this law?

Under section 1. of the Wildlife & Countryside Act 1981- Protection of wild birds, their nests and eggs. If any person shall -
•intentionally kill, injure ortake any wild bird
•intentionally damage, destroy ortake the nest of any wild bird while it is in use or being built
•intentionally destroy an egg ofany wild bird
•intentionally or recklesslydisturb certain wild birds or their dependent young while they are at or nearto an active nest site
•kill or take huntable birdsduring the closed season for that species
•disturbs dependent young of sucha bird
He shall be guilty of an offence.

Thanks.

Cardew

Is the noise causing a problem for nearby properties?

A farmer had the same device about a mile from my house and it was clearly audible. Some houses nearer the source complained to the police and the farmer stopped after a visit.

Mind you I can understand the concern about pigeons, they seem to be getting ever more numerous and really should be culled.

jimjames

Maybe speak to RSPB?

If they are domesticated birds or ones being bred for game shooting then they may not have much protection from noise under law.

rogerblack

Dimey wrote: »

He shall be guilty of an offence.

Thanks.

Even if the birds are 'wild birds' - and not raised - you did not quote

(2)Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of...
(c)any act made unlawful by those provisions if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.
(3) an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of— ...

(c)preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber...

An authorised person is (amongst others) the landowner.
The lawful action mentioned would be that of scaring off birds feeding on crops.

If the noise disturbs you, get the agreement of several likeminded friends, and volunteer your services as scarecrows.

martinthebandit

I think you would be far more MSE by improving your relationship with the farmer instead of (almost certainly) wasting money on a solicitor.

Although you may have a case if they are grey partridges as (I think) they are a protected species

olias

If it was much of a problem as you say, then surely the gamekeeper would have become involved?
The woods are presumably owned by the farmer himself (if so why would he harm his 'crop' of pheasant. If the woods belongs to the farmers neighbour, then ditto, unless they are feuding I can't see why he would be harming his neighbours pheasant and why his neighbour has not spoken to him.

Incidentally OP, how do you know the birds are abandoning their eggs unless you are poking around among them and therefore disturbing them yourself?

Olias

Dimey

There are only two other properties nearby and we are used to these crow scarers as the farmer has done it for the past 15 years but then it was Feb-Mar and sometimes again Aug-Sep. It is very loud. We live in the country so just put up with it every year as its something the farmer must need.

The farmer stopped for the past 2 years after I told him how it was driving us humans mad especially when he left it on overnight. You know it's coming - 3 or 4 shots every half hour. He did at least listen and he erected scarecrows. But that obviously didn't work and it re-started a couple of weeks ago.

It was the RSPB who told me about the Wildlife Act but they can't do anything to directly help.

The wood is owned by me - just a small coppice. The farmers field is next to the wood. I don't know of any gamekeeper around. Are there community gamekeepers then?

I can see some of the nests from the edge of the wood and see the females walking in the meadow next to my house, not going back into the wood. I haven't walked next to the nests. I feed the birds in my meadow so they are used to me.

The birds are wild, not owned by me and not being raised for shooting.

rogerblack

Dimey wrote: »

It was the RSPB who told me about the Wildlife Act but they can't do anything to directly help.

It sounds like the farmer has made every effort to comply with the act - trying alternatives that did not work.
As such - he is probably legally entitled to do this under the wildlife act.
See the above exceptions to the regulations.
In principle, the RSPCA, or the CPS would have to agree that a prosecution is more likely than not to succeed.
As I read it, there is not a hope in hell it would, especially as I note you have not said that they have all been scared off.

Merely because someone complains to the police, and they visit, does not give them any powers other than those granted under the law.

Dimey

Thanks Rogerblack, yes I see that there's nothing I can do. Certainly not worth paying for advice. Thanks for everyone's input.

Cardew

I think it is worth pursuing the Noise problem with the Noise Abatement Society and Environmental Health department of council.

See:

http://www.b-ooom.co.uk/