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[email protected] | 07876 578848 Breeding Bird Check 2019 Briefing OFFICIAL

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Page 1: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

[email protected] | 07876 578848

Breeding Bird Check2019 Briefing

OFFICIAL

Page 2: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

1. Introduction and context

2. Management operations during the bird breeding season

3. Changes to the breeding bird check (2013 v1 vs. 2019 v2)

4. Improved operating model

5. Sources of information

6. People to go to for advice

7. What next?

8. Questions

Briefing agenda

OFFICIAL

Page 3: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Introduction and context

OFFICIAL

Page 4: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

(29th April 2018)

The Guardian

OFFICIAL

Page 5: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

The Telegraph

(11th May 2018)

OFFICIAL

Page 6: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

The Times

(13th May 2018)

OFFICIAL

Page 7: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Mirror

(12th June 2018)

OFFICIAL

Page 8: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

August / September 2018

RSSB Public survey

OFFICIAL

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1. The Government must set out a clear policy

position for Network Rail in terms of delivering for

the environment.

2. Appropriate governance must be put in place at

organisation, route and project level.

3. Network Rail should publish an ambitious vision for the lineside estate.

4. Network Rail must value and manage its

lineside estate as an asset.

5. Network Rail must improve its communication with communities and key stakeholders.

6. Network Rail should lead a cultural change for

valuing nature and the environment across the

organisation.

Six recommendations

OFFICIAL

Page 10: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Prior to the start of the next nesting season, Network Rail must

ensure that it is ready to adopt an improved operating model,

one which ensures clarity on outcomes and methods, and a

transparency and robust assurance of its approach to tree

felling and other vegetation management. In developing this

approach Network Rail should engage with, and ensure the

support of, key environmental stakeholders and expert bodies.

Varley Recommendation 2.4

OFFICIAL

Page 11: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Management operations

during the bird breeding

season

OFFICIAL

Page 12: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

• It is an offence to;

o intentionally kill, injure or take any wild bird

o intentionally take, damage or destroy the nest of any wild bird whilst

it is in use or being built

o intentionally take or destroy the egg of any wild bird

• It is also an offence to;

o 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

Does the work need to be done?

OFFICIAL

Page 13: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

• It may be a defence if it can be shown that the activity was

necessary for the purpose of preserving public

health or public… safety;

o This does not apply to Schedule 1 birdso Advice should be sought to determine if the exception can be relied upono Pre-planned work is unlikely to be considered safety critical

Exceptions

OFFICIAL

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Minimum activity necessary to

reinstate safe operations

OFFICIAL

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The rest of this briefing is

only about the bird check

… assumption is that the work is required

OFFICIAL

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Changes to the

breeding bird check

OFFICIAL

Page 17: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

2013 vs 2019

2013 2019Extra exclusion zones even if no nests found

Exclusion zones only when nests suspected / found

Set size exclusion zone Extend exclusion to adjacent habitat

10 minutes per 220 yards 1 hour per 220 yards

No later than 0900hrs Dawn to 0800hrs

No more than 24 hours before work Up to 1 week before

Spray paint for exclusion zone Barrier tape also can be used

OFFICIAL

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Improved operating

model

OFFICIAL

Page 19: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

1. This is not endorsed by RSPB or BTO, but their comments

have been taken into consideration

2. It is not the solution

3. In combination with management decisions, it is a better

operating model

4. Management work still has to be justified

‘Disclaimer’

OFFICIAL

Page 20: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

The form…

OFFICIAL

Page 21: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Details – location, observer, etc.

OFFICIAL

• Key to the assurance of the process – we will be asked to

provide evidence

Page 22: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Dawn to 0800hrs

OFFICIAL

Page 23: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

not in wet, cold conditions

Good weather

OFFICIAL

Page 24: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Understand what work will take place

OFFICIAL

© Neil Strong

© Neil Strong

Check before;

• Tree work

• Shrub / scrub

work

• Ditch

maintenance

• Rock-face

cleaning

• Construction /

ground

disturbance

Page 25: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Stop regularly

Take 1 hour per eighth2 minute walk

10 minute stop

2 minute walk

10 minute stop

and so on…

OFFICIAL

Page 26: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

OFFICIAL

© Neil Strong

© Martin Baldwin

© RSPB

Observing;

• Habitat

• Nesting activity

• Feeding

• Actual nests

Check beyond

proposed work

Page 27: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Mark out exclusion zone• Size of two double beds

• Use barrier tape or spray paint

• Extend to include adjacent habitat

• Photograph to provide evidence and

assist those who need to know where

the zone is

OFFICIAL

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Birds, nests, exclusion & observation

OFFICIAL

• Grey box provides guidance

• Use box 1 first, box 2 can be

used for extensive worksites

Page 29: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

OFFICIAL

• Grey box provides guidance

• Use box 1 first, box 2 can be

used for extensive worksites

• Mark on birds, nests, exclusion

zones and observation points

as shown

• Add any comments to help

those doing subsequent work

• Add length of area to provide

scale to sketch

Birds, nests, exclusion & observation

Page 30: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Take photographs

with location, date and time data

OFFICIAL

Page 31: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

If in doubt, and it is safe to do so,

STOP and seek advice

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Page 32: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Do NOT start work without having

completed a breeding bird check

OFFICIAL

Page 33: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Sources of information

OFFICIAL

Page 34: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

• National Biodiversity Network (https://nbn.org.uk/)

• BTO (https://www.bto.org/about-birds/birdfacts/find-a-species)

• magic (https://magic.defra.gov.uk/)

• Local internal knowledge

• Local environment / community groups

• Projects, etc. that may have carried out surveys

• Key are the checks for Schedule 1 birds

Where to go for information

OFFICIAL

Page 35: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of
Page 36: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

People to go to for

advice

OFFICIAL

Page 37: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

• Environment specialists and managerso Routeo Milton Keyneso IP

• Framework ecology contractors (Safety Central link)o Arcadis (Eng / Wal / Sco)o Ecus (Eng / Wal / Sco)o Thomson Ecology (Eng / Wal)o WSP (Sco)

Who

OFFICIAL

Page 38: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

This advice and further information

may need to be obtained before

management work can be justified

OFFICIAL

Page 39: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

What next?

OFFICIAL

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• Trial this year to look at electronic capture of breeding bird

check forms

• Project proposals to investigate predictive techniques

enabling work to be planned around nesting birds

• Changes briefed today are the first step…

Future work

OFFICIAL

Page 41: Breeding Bird Check - Network Rail Safety Central · • It is an offence to; o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of

Questions

OFFICIAL

© James Clay