Last week the local Council cut back ( severely ) some bushes on its property beside my house. Blackbirds had been living and breeding there for years. It was heartbreaking to see a young female bird hanging around for days afterwards, homeless.
Was the Council in breach of any protective legislation. ?
Hi Hoppy
Not a heartwarming subject for a first post is it, but welcome indeed to the RSPB Community.
Subject to certain exceptions all wild birds, their nest and their eggs are protected by law. If the young Blackbird had fledged and was, therefore, no longer dependent on the nest she was, technically ,not endangered by the Council's operations and no law has been broken. If the Blackbird had actually been displaced from the nest prior to fledging then matters would be different. Nests themselves are only protected while still in use.
Once they have left the nest, birds no longer have any use for it. Their home is the great outdoors, though they will find favoured roosting sites to spend the night.
Apart from the laws protecting wild birds public bodies are also legally bound by legislation to, when carrying out their functions, have regard to the conservation of biodiversity.
Hope that helps.
JBNTS
Every day a little more irate about bird of prey persecution, and I have a cat - Got a problem with that?
Its a shame really because some species of birds are still nesting like the Blackbird.
I suppose if councils took note they would carry out such work later on in the year.
I have a pond that will need cleaning up a little but I am not going to touch it yet as there is so many species that depend on it at this time of year, same goes with hedge pruning in my garden.
Its having a small bit of knowledge and common sense!
Look deep into nature, and then you will understand everything better. - Albert Einstein
Hello Hoppy,
Welcome to the forum, albeit in sad circumastances.
I can't add to what the others have said. I hope you continue to use the forum and enjoy it.
Cheers, Linda.
See my photos on Flickr
Many birds are still nesting, we do not recommend the cutting of shrubs and hedges between March and August. I would recommend writing to the respective council and voicing your concerns. It is certainly worth reminding them that it is best practice to check shrubs for nesting birds prior to cutting them, especially if they cut so early in the year, in order to ensure no active nests are destroyed. You may wish to send them a copy of the attached leaflet on how to manage a garden hedge. It would be interesting to hear if you get a response!
Another issue regarding timing of hedge cutting is if the hedge/border comprises autumn/winter fruiting plants. Birds rely on berries, seeds and fruit for nutrition over the winter months and cutting hedges in late summer/early autumn prevents birds being able to take advantage of an extremely beneficial food source. Hedge and shrub cutting should ideally take place after the berries, seeds and fruit have been utilised by the birds in order to give them a fighting chance of surviving over winter.
Warden Intern at Otmoor.
Hello Hoppy
Welcome to the RSPB Forum. Enjoy yourself here
Sorry to hear about the Blackbird issue. Ian has given good advice and I would send the Council the 'noted' leaflet about the issue and remind them that they have to comply with some of the laws regarding birds nesting
Hopefully, this will give them a wake up call and remind them over again that they are not always doing the right thing for wildlife.
Regards
Kathy and Dave