49. Activities that only involve the movement of vehicles past the nest location are able to continue where that is occurring beyond a distance of:
100m during nest building;
100m during incubation of the eggs; and 100m during rearing of the chicks to fledging.
50. Activities that involve people outside of vehicles and construction activities such as excavations are able to continue where that is occurring beyond a distance of:
400m during nest building;
400m during incubation of the eggs; and; 400m during rearing of the chicks to fledging.
51. This set of criteria is informed by the knowledge that Marsh Harrier will nest in arable fields and reed filled drains adjacent to arable fields where there is regular passage of vehicles associated with farming activities and that disturbance is not caused. It also follows a similar programme agreed by Natural England for the construction works of the SixpennyWoodWind Farm that similarly was in an agricultural area frequented by Marsh Harriers.
52.
In the event that Marsh Harrier nest closer to construction operations than the distances above then further consultation will take place with Natural England and additional measures such as visual screening will be explored. In the event that additional measures cannot be developed the final backstop is that specific activities will cease in order that the criminal offence is not committed of disturbing a Schedule 1 breeding species.
Cetti’s Warbler 53.
In addition to the general monitoring activities of the ECoW, during the year of construction a suitably experienced ornithologist would undertake surveys of Cetti’s Warbler fortnightly from the beginning of April to the end of July to establish if breeding is taking place. If breeding does commence those surveys will continue (potentially at more frequent intervals) to the completion of that nesting attempt. The purpose of those surveys will be to identify if nesting is attempted, where nesting is taking place in relation to construction activities, what is the stage of the nesting attempt (nest building, eggs, chicks, post fledging) and the potential for disturbance impacts. The ornithologist will need to hold a Schedule 1 licence if the nest is to be approached and inspected.
54.
If an active nest is identified in the vicinity of the works and the ornithologist advises that there is the potential for disturbance to that nest then an exclusion zone would be
EcMP: Deben Estuary SPA & Schedule 1 Birds Page 11
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