Noisy gulls are protected by the law
GULLS which have been giving an unwelcome early alarm call to people living near the Vale School are protected by law and cannot be moved on easily.
‘Put simply, any species of bird that has established a nest is protected by local legislation and it cannot be moved, disturbed or tampered with until its nest has been abandoned and the season is over,’ said Jamie Hooper, conservation officer at La Societe Guernesiaise.
States vet David Chamberlain also referred to the offences against wild animals section of the Animal Welfare Ordinance, 2012.
It states: ‘A person commits an offence if, an act of his causes the taking, destruction, damage, or disturbance of a nest or eggs, roost, burrow or den of a wild animal, the disturbance of a wild animal that is rearing young, or the disturbance of any dependent young of a wild animal.’
Mr Chamberlain said that another section of the law, covers farming, arboriculture, building works and fishing etc and accidental harm to wildlife. However, if it is proven that the accused knew that their action would cause harm then they have still committed an offence.
‘On the basis that it is clearly known that the gulls are nesting around the Vale School, anyone that does anything to harm them and who claims it was “accidental” will not be afforded any protection from prosecution,’ he said. ‘Gulls are not a pest or game species and they are protected.’
According to Mr Hooper the issue of birds, particularly gulls, nesting in urban areas should have been expected.
‘We haven’t seen this much before in Guernsey, over the last 20 years there has been a scattering of gulls nesting in urban areas but nothing before like this where it seems a small colony has formed.
‘It is seen up and down the UK though – I know from Aberdeen to Bristol of urban nesting gulls and other bird species.
‘Why we are usually quite lucky in Guernsey is because the urban areas are always in close proximity to their natural nesting habitats like the cliffs.’
He added that when the season is over, when the gulls have abandoned the nest, then there are some preventative measures which can be taken.
These include specially designed spikes and netting which would prevent the bird landing and being able to establish a nest.
