1.4.2 Schedule 1 Breeding Birds
15. Schedule 1 breeding birds are those listed in Schedule 1 of the WCA and receive protection under the provisions of Sections 1(4) and 1(5) of that Act as extended by the Countryside and Rights of Way (CRoW) Act 2000. These provisions make it an offence to intentionally or recklessly:
disturb any such bird when it is building its nest or while it is in or near a nest containing dependant young; or
disturb the dependant young of any such bird.
16. There are special penalties where the offences listed in the Acts are committed for any Schedule 1 species.
17. Baseline information relating to breeding birds is provided in Section 24.5.2.23 of the ES with further information provided in Appendix 24.12. The Schedule 1 breeding species known to be nesting in the area crossed by the onshore transmission works are Marsh Harrier Circus aeruginosus and Cetti’s Warbler Cettia cetti.
Marsh Harrier
18. One confirmed breeding pair of Marsh Harriers was recorded within Queen’s Fleet (the location is illustrated in Appendix 3) that is situated within Bawdsey/Alderton Marshes (a large area of agricultural land intersected by numerous ditches on the east bank of the Deben Estuary). A further pair could be breeding in this area. Queen’s Fleet would be directly crossed by the cable route. A further wetland area on the Mill River south of Hemley comprises agricultural land with a river and several ditches and is sandwiched between two woods; Shepherds Wood and The Thicket. This area possibly also supports one pair of Marsh Harriers although no nesting was confirmed. This area would be crossed by HDD methods.
Cetti’s Warbler
19. Cetti’s Warbler males were recorded holding territory in two wetland areas. These two areas are adjacent to Martlesham Creek and the area of wetland on the Mill River south of Hemley (the locations of singing males are illustrated in Appendix 4 and 5). Both of these locations would be crossed by HDD methods.
1.4.3 Other Schedule 1 Bird Species
20. No other Schedule 1 bird species were confirmed as breeding in the area based on the surveys carried out in 2012. As a result no further detailed mitigation proposals are provided at this stage. The pre-construction surveys detailed below provide the
EcMP: Deben Estuary SPA & Schedule 1 Birds
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