Wildlife law and Other Protected Species

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1 Wildlife law and Other Protected Species

2 What do we mean by protected species? Species that are protected by law. Some are FULLY protected and others are only protected against sale or injury. Legislation includes species listed on: Schedules 1 (birds), 5 (animals) and 8 (plants) of the Wildlife and Countryside Act 1981 (as amended by statutory instruments), Conservation (of Habitats & Species,)Regulations 2017 Natural Environment and Rural Communities Act 2006 (NERC) Also, badgers as protected by the Protection of Badgers Act Seals, Deer and Cetaceans also have there own specific legislation. Other legislation give additional protection to species: Countryside and Rights of Way Act 2000.

3 Protected Animals Schedule 5 Species fully protected under Wildlife and Countryside Act 1981 (as amended) and EU Habitats Regulation All bats Wild Cat Dormouse Otter Great Crested Newt Natterjack Toad Smooth Snake Sand Lizard Dolphins, porpoises and whales (all species) Marine Turtles Some invertebrates Natterjack Toad (Bufo calamita) Hazel Dormouse Muscardinus avellanarius

4 Schedule 5 WCA (1981) Animal species with partial protection All nesting birds White-clawed crayfish All other reptiles (killing and injuring) Some fish Various invertebrates White-clawed Crayfish (Austropotamobius pallipes) Viviparous Lizard (Lacerta vivipara) Grass Snake (Natrix natrix)

5 Schedule 1 Protected Birds It is an offence to damage the nest of any wild bird and kill or injure any bird, apart from quarry or pest species. In addition it is an offence to disturb any bird listed on Schedule 1 while it is building a nest, on or near a nest containing young, or disturb dependent young of such a bird. There are 80 birds listed under Schedule 1 including; Avocet Chough Merlin Barn Owl Crossbill Osprey Bittern Golden Eagle Peregrine Cirl Bunting Kingfisher Spoonbill Peregrine Falcon (Falco peregrinus)

6 Protected Species Survey Techniques Many of the UK protected species have been covered in other areas of the course. Protected species not covered are; Badgers Great Crested Newts Water Vole

7 Badger (Meles meles) Protection of Badgers Act 1992 Badgers were originally protected for welfare reasons under the Badgers Act 1973, as often subjected to badger baiting (setting dogs on badgers). The Protection of Badgers Act 1992 consolidates past legislation, and makes it an offence to intentionally or recklessly interfere with a badger sett or disturb a badger whilst in its sett. Activities which may be unlawful require a licence.

8 Badger Survey Techniques Looking for Setts: Entrances are broader than they are high, and usually at least 25cm wide oval or upturned D shaped. Setts can be: Main, Annexe, Subsidiary or Outlying setts. Main setts are active all year and have well-worn paths leading to them and lots of spoil. Mounds of soil, or bedding such as hay or bluebell straw may be located outside of the sett. Search for coarse hairs around setts (roll in fingers) and footprints. Often in woodland and on a slope. Need diggable soil.

9 Badger Survey Techniques Activity is linked to the time of year

10 Badger Prints. Badger front paw Badger prints are often double with the hind foot print on top of the front foot print Mustelids have 5 toes Dogs and cats have 4 toes

11 Badger signs Latrines These are small pits in the ground, into which badgers defecate. Latrines are often used to mark the boundary of a territory where droppings are often piled on top of old droppings. Droppings vary according to the diet (usually related to seasons e.g pips, grains, beetle elytra, earthworm cetae).

12 Badger signs Runs and up-and-overs Runs are well-worn paths through vegetation. Used often, these paths become very obvious. Up-and-overs are tracks used by badgers when crossing banks and hedges. Badger run in grass Badger up-and-over

13 Badger signs Foraging and other signs Snuffle holes Digging and maize cob Hair caught in wire Badger scratches on tree

14 Badger survey results Setts, paths, latrines and other signs are mapped and described in your report.

15 Badger survey results Another example... KEY Sett entrance Badger run Rabbit hole Badger foraging signs

16 Badger survey results Another example...

17 Badger survey bait marking Badgers are fed coloured pellets mixed with peanuts and treacle for 10 days at the sett(s)

18 Badger survey bait marking Latrines are then checked for pellets and the colours found are mapped.

19 Badger survey bait marking Latrines are then checked for pellets and the colours found are mapped to build up a picture of the territories.

20 Great Crested Newts (Triturus cristatus) Have full protection under the Wildlife and Countryside Act (1981) (as amended) and under Conservation Habitats and Species Regulations Most distinctive and largest of 3 UK newt species ( mm) Skin is textured and colour is dark brown or black. Often black blotches over back, sides and tail during the breeding season. The male develops a large crest along the back and white stripe in tail. Male Female

21 Great Crested Newts (Triturus cristatus) Use ponds between March and June. Use terrestrial habitat including grassland, woodland, scrub, log/rubble piles March to October. Hibernate in winter.

22 GCN Survey Methods Survey all ponds within 500m of the application sites perimeter Start with Habitat Suitability Index (HSI) Presence of GCN determined by four separate survey visits If present, GCN population size class determine by an additional two visits (six in total) Standard survey techniques include netting, bottle-trapping, egg searching and torching 3 out of the 4 techniques need to be used over the survey period mid March June Most survey techniques require a licence

23 10 factors: Habitat Suitability Index Geographic location Pond area (nearest 50m²) Permanence does it ever dry out? Water quality polluted or not? Shade - % over pond Waterfowl present or not Fish present or not Pond count how many within 1km Terrestrial habitat grassland, woodland, scrub, rubble/log piles Macrophyte cover - % occupancy in pond

24 Survey Technique: Bottle Trapping Involves submerging funnel shape 2-litre plastic bottles around the perimeter of a pond Bottles should be spaced every 2m during the evening and then checked early in the morning Bottles should be held firmly in place with a cane with an air pocket left to prevent drowning GCN Licence required

25 Survey Technique: Torch Counting Slow walk around pond, scanning with a powerful torch Record all sightings of GCN look for displaying males (white tail stripe) The score is expressed as the total number of GCN observed during a circuit of the pond Less useful in rainy or windy conditions or in murky water GCN Licence probably required

26 Survey Technique: Egg Counting Female GCN lay their eggs on the leaves of aquatic vegetation They fold and seal the vegetation with their rear feet Concertina appearance to the vegetation, which can be easily identified Manual searching is best carried out during the day and is used to determine which ponds are utilised for breeding GCN Licence required

27 Netting A long-handled dip net is used to sample areas around the pond 15 minutes of netting should be employed for every 50 metres of shoreline This technique is less effective than bottletrapping, egg searching or torch counting and more disruptive Male GCN in mating colours GCN Licence required

28 GCN Population Estimates The maximum adult count per pond per night gained through torch survey or bottle-trapping Small= for maximum counts up to 10, Medium= for maximum counts between 11 and 100 Large= for maximum counts over 100 Where there is regular interchange of animals between ponds (typically, within 250m and with an absence of barriers to dispersal), counts can be summed across ponds to give total site count

29 GCN edna The use of edna testing makes it possible to detect newts simply by taking water samples! A water sample can be collected from a pond and tested and it will pick up traces of faeces, mucous, gametes or shed skin for around 7-21 days after GCN have been present. It has currently only been tested in the breeding season and is still undergoing further testing but is expected to reduce initial costs by up to 80%. The new technique to determine presence or absence for GCN that is 91.2% effective (compared to bottle trapping at 76%) and has been approved by Natural England.

30 Water Vole (Arvicola terrestris) Recently increased to full protection under the Schedule 5 of the Wildlife and Countryside Act 1981 (as amended). Water voles have rounder noses than rats, deep brown fur, chubby faces and short fuzzy ears; unlike the rat their tails, paws and ears are covered with hair. The waterside burrows of these strong swimmers have many floor levels that hinder flooding, as well as nesting chambers and a food store for the long winter months.

31 Water Vole Survey Sightings are rare so surveys involve scanning the river bank and surrounding area for field signs which include; Latrines Feeding signs Burrows Footprints Runs in vegetation Distinctive plop sound of water voles entering the water. Survey between April and October when animals are most active. Peak is September when population levels are high following the summer breeding season. Surveys should not be completed during times of high water

32 Water Vole Burrows Habitat includes rivers, streams, ditches, lakes and ponds. Optimum habitat is slow moving water body that maintains consistent water level. They burrow into banks which should ideally be banked at ~ 45 Burrows often have areas of shortly grazed grassland at entrance known as feeding lawns

33 Water Vole Signs Water Vole odourless Rat Wood Mouse House Mouse Field Vole odourless Water vole droppings are often found in latrines near the river bank. Water vole latrine on a branch

34 Water Vole or Rat? Water vole swims high in the water Rat swims low in the water

35 Water Vole Feeding Signs Water voles will eat up to 240 different plant species Summer favorites include rushes and reeds Water voles often leave green vegetation cut at a 45º angle and between 4 10cm long in piles by the water.

36 Water Vole Meta-populations

37 Sources of Information Clark, M. (2010) Badgers - 2 nd Ed, Whittet Books, UK Woods, M. (1995) The Badger, The Mammal Society, London Neal, E. (1977) Badgers, Blandford Press Ltd, Dorset Gent, T. and Gibson, S. (2003) Herpetofauna Worker s Manual. Joint Nature Conservation Committee. Langton, T. et al (2001) Great Crested Newt Conservation Handbook. Froglife Strachan, R and Moorhouse, T (2006) Water Vole Conservation Handbook, Wildlife Conservation Research Unit, University of Oxford Websites: Joint Nature Conservation Committee (2010) Protected Species [online] v.uk/page- 5 Water for Wildlife UK (2010) Rat control and Water vole conservation [online] Yorkshire Wildlife Trust Water Vole Factsheet [online] _filestore/file/water%20for%20wildlife/water%20vole.pdf

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