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PROTECTED SPECIES IS A EFFING JOKE!!

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AGILIS View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote AGILIS Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2012 at 11:12am
Question" why are these people so bent on prettying up some of the habitat sites for whose benifit dog walkers.
   LOCAL ICYNICAL CELTIC ECO WARRIOR AND FAILED DRUID
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GemmaJF View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote GemmaJF Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2012 at 2:31pm
Thanks for the corrections Jon, yes I see now going through some of the emails I was copied into from EARG what you are saying regarding the licencing. As it was I had kind of disregarded the license they had as it was entirely inappropriate for the level of works carried out. Certainly my own discussions with NE were regarding much larger scale works than EWT were licensed for and it was then their 'opinion' that a further licence to carryout the works was not required. Which I personally thought was a huge mistake on their part.

I certainly agree by the way to report the incidents to the police and record the crime number, that is good advice to anyone getting involved in these type of events.

In all though I post to warn people what they are likely to face if attempting to pursue these things.

Generally to be honest it did me no good at all and though it may change things the current situation is that I'm entirely 'out of the loop' in Essex so these days there is very little I can actually do.

I would just like to add that at the end of the day in all these events there is a trail of mistakes, dereliction of duty, failure to comply with appropriate legislation. Any individual who intends to get the bottom of events can expect hostility all the way. These individuals always know they are at fault but very unlikely to admit to it and will do anything to undermine anyone who is brave enough/naive enough to point out the issues. So good luck to anyone attempting to prevent or get answers as to why these things happen. Why it falls to us as individuals to even have to get involved simply proves the accuracy of my 'view point'. Very sad and I'm glad to be out of it all to be honest.




Edited by GemmaJF - 26 Jun 2012 at 5:41pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote MancD Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2012 at 11:06pm
Keith said in his original post that he contacted NE some years ago, but not in relation to these recent works. I was merely pointing out the best way of reporting it to Natural England to ensure that you get to the right person quickly.

As I've already stated, NE undertake compliance and enforcement all the time. I've attached some recent examples of SSSI enforcement cases, and this information can be found on our website. 

Honister Crag SSSICumbriaSection 28P(1) - OwnerHonister Slate Mine LtdUpland scree and ledgeVia Ferrata' and zip wireDamage to rare upland scree and ledge communitiesWorkington Magistrates Court£15,000£13,190 to NE and £15 victim surchargeNoAug-11 
River Wensum SSSINorfolkBreach of court under-takingBasil ToddChalk riverVegetation removal and gravel additionDamage to riverbank and probable adverse impact on breeding fishNorwich County Court28 days prison sentence suspended for 2 years£6,439NoAug-11 http://www.naturalengland.org.uk/about_us/news/2011/250811.aspx
Farndale SSSINorth YorkshireSection 28P(1) - OccupierMichael Wood and Yorks Sport LtdWoodlandUnauthorised release of pheasantsDamage to ground flora including wild daffodilsYork Crown Court£40,000£125,000NoSep-11 http://www.naturalengland.org.uk/about_us/news/2011/080911.aspx
Goyt Valley SSSIDerbyshireSection 28P(1) - OwnerRobert HallMoorlandUnauthorised ditch work, rush cutting and overgrazingDamage to dwarf shrub heath, blanket bog and acid grassland habitatsHigh Peak Magistrates Court£500£17,680 to NE and £15 victim surchargeYesMar-12 http://www.naturalengland.org.uk/about_us/news/2012/02.03.12.aspx
On the species side of things, there are several prosecutions for breaching licences that have been linked on here before. NE are represented in the partnership against wildlife crime, we are often noted in the RSPB's legal eagle, and I have personally been involved in giving training to police forces in the Essex, Hertfordshire and West Yorkshire. 

The prosecutions are only the tip of the iceberg and it is clearly an important point that a large fine or criminal conviction actually doesnt fix the problem. There are many cases which don't reach prosecution because the enforcement outcome is to use an existing licence to bring the site back into compliance. As you will be aware, the Habitats Regulations (only talking about EPS now) have changed a few times in recent years. One of these changes made it illegal to breach a NE licence for EPS, so this made it possible for us to properly enforce in this area. Before this important change is was much more difficult.

From what you have said Gemma, your experiences of protected species legislation enforcement are not the best and this is obviously disappointing and frustrating. I don't think some of your comments are very fair though, and some are downright insulting.

I would hope that they don't dissuade people from reporting incidents to NE or the Police as that is the only way that these issues can be resolved. 

Jon - point of clarity probably worth mentioning. Wildlife Crime is not reportable and as such does not form part of a force's crime statistics. 

Hopefully that has provided a bit of balance and is helpful in some way.

Cheers,

Duncan
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Post Options Post Options   Thanks (0) Thanks(0)   Quote GemmaJF Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2012 at 11:54pm
Well MancD you might find it downright insulting but none of it was directed at you personally.

Unlike the effective character assassination I underwent when trying to raise these issues in Essex.

So like I say, when someone posts up on here that they have contacted NE and received helpful advice perhaps my viewpoint will soften.

Currently it has not.

Ask Tony Phelps about his experiences of NE. He still visits the forum from SA. Ask him also why he left for SA.

It's all very well posting up prosecutions but the key factor is that NE local teams will very often take a very different line when a Wildlife Trust is involved. Why the double standard?

Obviously I am aware that prosecutions occur having worked in consultancy for a number of years. Where my clients were concerned the local NE teams couldn't fall over themselves more making sure that as many hoops were placed in the way to be jumped. Even at times making things up ad lib such as the Kent local team coming up with the idea that 20 survey visits were required for reptile presence/absence surveys. Not the case for a Wildlife Trusts though is it...

Why would you think the intention would be to dissuade people from reporting incidents?

All I would like to see is something actually done when they do.... .... rather than the person being made to feel they are somehow naive or silly to be worried about offences occurring under the WCA.

What you don't see Duncan from your small viewpoint is that myself and many other people just drop out of the system. I know other herpetologists, entomologists, in fact people from all sorts of disciplines who simply cannot believe the nonsense that has to be gone through over and over.

Fact is if the local teams got their acts together and actually did what they are paid to do, those of us on the ground who actually have lives and far better things to be doing, wouldn't need to keep fire fighting all the time would we?

And if you can get over my abrasiveness which most people are well aware of on here and considering you currently seem to be the only active representative of NE on the forum, what has happened about Allerthorpe? All the evidence was available for a prosecution, is anything going ahead or have NE gone to B&Q to buy some more big tubs of white wash? Dead




Edited by GemmaJF - 27 Jun 2012 at 12:07am
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Robert V View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Robert V Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2012 at 5:20pm
Big tubs of white wash! LOL.
 
Hey MancD, there's a sale on at B n Q at the moment, two for one, so while the white washing of Allenthorpe is taking place, hey, maybe the guys could do Epping Forest as well.
 
R
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GemmaJF View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote GemmaJF Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2012 at 8:29pm
Two for one? You'd think they would have a loyalty card by now!



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Post Options Post Options   Thanks (0) Thanks(0)   Quote sussexecology Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2012 at 10:08pm


Smile
So if you get buy double the number they are offering for the discount, then you'lll have even more.
That's an awful lot of whitewash Smile

Actually, i should give Natural England some credit as they have given me some very helpful and sound advice on how to deal with a naughy client who disturbed some habitat on a key reptile site in  that it would have killed or injured the reptiles right when I was in the middle of the survey. So thanks NE for that advice because it did help, all been resolved now, and client now behaving - which is great. The client also knows that i am keeping a close eye on him, and will be straight on that phone again to NE if he ignores my advice.

Still want to know about has been done about Allerthorpe though.
As long as NE make sure it doesn't happen again, then i will be a happier Reptile Ecologist.
And if this thread is being read by the right people, then that has to be good, providing they do something about it rather than just take on board what we are saying.

Apologes if anyone finds the first para insulting, but couldn't resist joining in with Gemma and RobV. Not intended to be insulting at all, so please don't take anything i say as such. One has to have a sense of humour on these forums, and you should know me by now, i can't resist a good laugh  when i see the opportunity.

Can we come up with a good pun then do you think on the whitewash?? Sure Gemma can come up with one in the next 24 hours.

Regards
SE Reptile Ecologist


Edited by sussexecology - 27 Jun 2012 at 10:37pm
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AGILIS View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote AGILIS Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2012 at 11:23pm
White wash bah more likely white fivers still changing hands among the you know who brigade sponsoring club memberships. Keith
   LOCAL ICYNICAL CELTIC ECO WARRIOR AND FAILED DRUID
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iowarth Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2012 at 11:23pm
Very much in the vein of inappropriate work/advice, I have recently been advised of an instance where someone has been advised (not by a professional consultant/ecologist but none the less a person who the uninformed would regard as being knowledgeable) on EPS mitigation and that person has suggested measures that would not be acceptable to Natural England. That person just doesn't have the experience. They recommended just putting up a fence and doing nothing else. Putting up a fence will just trap the animals inside the development area, and would be unlawful. They has also said that no EPS licence will be required, even though EPS species are found nearby. An EPS licence is required for just putting in the fence!!

It seems astonishing that such a person can give advice on mitigation for protected species when they clearly have neither the knowledge of the species, nor of the legislation.

Apologies for the lack of detail but I have to protect the innocent - which sadly, also protects the guilty!

Chris

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GemmaJF View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote GemmaJF Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jun 2012 at 10:38am
Originally posted by sussexecology sussexecology wrote:



Smile
So if you get buy double the number they are offering for the discount, then you'lll have even more.
That's an awful lot of whitewash Smile



The way things are they need an awful lot of it. They should get a trade account Wink

NE will be helpful if it involves a developer. That is my experience in any case. Though usually I've kept my developers in order and spent most of my time negotiating with NE to prevent the developer giving up on the whole idea of mitigations all together. There was even one case where we were sub contracted to a larger consultancy and that consultancy had to persuade the developer not to start legal action against NE. (This was to do with completely unfair and unnecessary 'hoops' being placed in the way and I was able to calm the whole thing down).

The problems come more when it involves conservation organisations. In these cases NE will have been involved in the consultation process already. They will have agreed to the works taking place. There may even be funding links between the organisations.

This is where things can become very hostile. You simply have no friends because raising the issue upsets those involved at NE (effectively you are saying they have not done their job if there are problems), at the wildlife organisation (who may have received significant funding for the project) in fact all involved.

This is why I keep banging on about it all. It would be dead easy to drop a client or any developer in the muck, try doing it with a wildlife organisation though. In these cases it is like NE are already on the side of those potentially or actually committing offences and to me that is a blatant and intolerable double standard.

I hope MancD hasn't deserted us btw because I did appreciate his contributions and people do need to know the process. In balance though they should be prepared for a lot of passing the buck and frustration in cases that involve conservation projects.

(I also hope he wasn't the one sent to B&Q LOL)


Edited by GemmaJF - 28 Jun 2012 at 11:39am
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