Unit 20 Block D
Bullford Business Campus
Kilcoole
Co.Wicklow
Ireland
t: +353 1 281 9878
Patron
Éarlamh
f: +353 1 281 0997
Mary McAleese
Máire Mhic Ghiolla Íosa
e: [email protected] President of Ireland Uachtarán na hÉireann
w: birdwatchireland.ie
BirdWatch Ireland queries and comments on the
Appropriate Assessment procedures for felling and related operations within
Hen Harrier SPAs
October 2011
Application of Appropriate Assessment throughout the SPAs
BirdWatch Ireland is concerned that this procedure facilitates the requirement for appropriate assessment, as
required under Article 6 of the Habitats Directive, to be circumvented. It seems that felling licences will be issued
without adequate AA screening or assessment in the green areas and in the non nesting season in red areas too.
Hen harriers nest sites can move from year to year and the rigid approach of restricting appropriate assessment
procedures to red areas only does not reflect this.
The procedure lays out how proposed felling and related operations in red areas during the nesting season will
undergo assessment for potential breeding habitat, if any such areas are found then mitigation measures are
investigated, if no potential breeding habitat is found in the red areas then no further assessment needed: felling or
ground preparation can proceed within red areas too. The initial concern is that this is not compliant with the
requirements of the birds and habitats directives, which require that all activities in designated SPAs are subject to
an assessment of their potential impacts on the conservation interests of the site. This is very clearly and well laid
out in the Forest Service Appropriate Assessment Procedure (APP) although it appears that the procedures are not
being applied in the hen Harrier areas. Even where management activities may have positive short term effects on
hen harrier, but those activities are not specifically designed as conservation management measures for the species,
an appropriate assessment must be carried out.
As it is likely that the entire SPA, including the green areas as mapped in Appendix 2, represent suitable nesting and
foraging habitat, then felling activities, thinning, and ground preparations in the green areas should also undergo
AA. Hen harriers prey primarily on small mammals, particularly short-tailed field vole. They also take rabbits and a
wide range of birds, particularly meadow pipit. Hence in terms of ensuring appropriate protection for nesting Hen
Harries and maximising availability of foraging habitat and prey species for nesting hen Harriers, it is necessary to
subject all forestry and forestry related activities in the SPAs that alter the habitat type and thus availability of prey
to appropriate assessment, especially, though not limited to, the breeding season.
As the red areas have been identified for potential breeding suitability it would not appear to be compliant to then
allow this habitat to be lost through canopy closure within approximately 10 years without ensuring that provision
is made for ensuring that the overall balance of habitat requirements for nesting Hen Harrier are catered for by
ensuring other locations are maintained as open ground or other appropriate cover. Delineation of the red areas
and green areas, as well as the basis for the assumptions that works outside of the nesting season do not pose a
threat to breeding hen harrier or their habitat needs, should be clearly recorded and reasoned in keeping with legal
requirements.
The procedure appears to be weighted towards screening activities out of the need to undergo appropriate
assessment, rather than ensuring that no negative impact on nesting hen harriers occur and that all activities that
pose any risk or potential threat to the breeding hen harrier are subject to Appropriate Assessment: ‘This procedure
will be used as an aid to the Department in determining whether a proposed activity can be screened out (eg. a
Directors: J Cromie Chairman, K Grace, AP Kelly, K O’Byrne, J O’Halloran, JB Peart, SP Roche
Registered charity no. 5703. BirdWatch Ireland is the trading name of the Irish Wildbird Conservancy, Cáirde Éanlaith Éireann, a company limited by guarantee.
Registered in Ireland, no. 116468. Registered office: Unit 20, Block D, Bullford Business Campus, Kilcoole, Co.Wicklow, Ireland.
Unit 20 Block D
Bullford Business Campus
Kilcoole
Co.Wicklow
Ireland
t: +353 1 281 9878
Patron
Éarlamh
f: +353 1 281 0997
Mary McAleese
Máire Mhic Ghiolla Íosa
e: [email protected] President of Ireland Uachtarán na hÉireann
w: birdwatchireland.ie
finding of no significant impact on the site) by virtue of its occurrence outside of the nesting season or by virtue of its
occurrence farther than a prescribed distance from observed nesting sites.’
Management planning for each SPA
As discussed briefly in our submission to the Appropriate Assessment Procedure for afforestation in Hen Harrier
areas, a planned management approach is necessary to ensure that any regime of planting, felling, and other forest
related management activities is carried out in a manner that maximises the number of birds in each SPA and that
ensures nesting Hen harriers are at the core of all forest management in each of these SPAs.
Such a management approach / management plan would plan out the balance of land use types by including data
on when the canopy is expected to close for each forested parcel, when each forest parcel is expected to reach
maturity, details or options for non clear fell forest management systems in the SPA and the requirement for
optimal areas of open ground and foraging habitat in each SPA over the medium and long term. Management Plans
would also facilitate planning on the level of each SPA to ensure that there is suitable habitat in sufficient quantity
for prey species such as field voles and meadow pipits. It would also facilitate consideration of wind farm
developments as required to assess potential cumulative impacts of the range of pressures in and around the SPA.
Management plans would also facilitate the use of population models to assess impacts of felling at an SPA and
regional level and would enable the forest Service and NPWS to adopt smaller scale post-felling habitat
management plans.
Cumulative impacts
It would appear that cumulative impacts are only considered when the AA is carried out, rather than at the
screening stage also. Consideration of cumulative impacts in the screening stage for the AA is mentioned but no
procedure for how this is to be assessed by the FS. Where projects are screened out, it must be shown that
cumulative impacts from other projects or plans have been considered and this should also be documented as part
of the conclusion, following the cumulative impact assessment steps (example of steps are laid out in the guidance
document).
Each and every felling licence and related consent granted by the Forest Service in the SPA needs to be subject to
AA. Production of a detailed management plan, as referred above, would allow a framework for the balance of
land use and avoidance of negative impacts as well as maintenance of constant levels of suitable breeding and
foraging habitat, to be strategically managed.
Potential breeding habitat assessment
The methods for the survey appear to be appropriate however suitable breeding habitats include heather moorland
which would have been the habitat used by hen Harriers prior to the introduction of forestry to these locations.
Heather moorland is not on the list of suitable breeding habitat and should be added.
In addition, it is not stated what is done in a situation where birds are confirmed in the area but breeding cannot be
either proven or ruled out, i.e. probable breeding. The procedure in these circumstances needs to be clarified.
Directors: J Cromie Chairman, K Grace, AP Kelly, K O’Byrne, J O’Halloran, JB Peart, SP Roche
Registered charity no. 5703. BirdWatch Ireland is the trading name of the Irish Wildbird Conservancy, Cáirde Éanlaith Éireann, a company limited by guarantee.
Registered in Ireland, no. 116468. Registered office: Unit 20, Block D, Bullford Business Campus, Kilcoole, Co.Wicklow, Ireland.
Unit 20 Block D
Bullford Business Campus
Kilcoole
Co.Wicklow
Ireland
t: +353 1 281 9878
Patron
Éarlamh
f: +353 1 281 0997
Mary McAleese
Máire Mhic Ghiolla Íosa
e: [email protected] President of Ireland Uachtarán na hÉireann
w: birdwatchireland.ie
The procedure states that the ‘surveyor is to be a suitably qualified or experienced ornithologist’. It is essential that
all surveyors have sufficient expertise specific to each SPA location to ensure that hen harrier usage is correctly
identified. A panel of surveyors/consultants that have suitable HH experience specific to each SPA should be
formed and all potential breeding habitat assessments as well as monitoring for nest sites should only be carried
out by those on the panel.
Monitoring for nest sites: The procedure refers to monitoring by NPWS and the possibility that this might result in
some green areas being redefined as red areas, however it is not clear what is the monitoring intensity proposed by
NPWS? Nest sites can relocate on an annual basis or new sites can be established; in order to ensure protection of
nest sites then it would be necessary for this data to be assessed on an annual basis. Will comprehensive surveys be
undertaken every year to determine the nest site locations? If so then there would be no need to locate nest sites
as part of a breeding survey within AA.
The procedure also reads that mechanised activities in known breeding areas may be permitted. This should be
clarified that any risk of disturbance to breeding Hen harriers will not be permitted within the legal requirements to
protect nesting hen harriers.
Birds and Habitats Regulations (S.I. No. 477 of 2011)
In relation to the need for the Forest Service to carry out appropriate assessment of plans and projects in an SPA or
SAC that are not being carried out directly for the conservation of the site, it is worth noting that the new Birds and
Habitats Regulations (S.I. No. 477 of 2011) assign responsibility to all statutory authorities that adopt or carry out
land-use plans or projects or that give any kind of consent or approval for the carrying out of such plans or projects,
to screen all such plans and projects for appropriate assessment and, if necessary, to carry out an appropriate
assessment of the plan or project. Full documentation of the decision process and retention of that documentation
is required. As these regulations are designed to fully and correctly transpose the Birds and Habitats Directives, it
follows that the Forest Service’s appropriate assessment procedures in Hen Harrier SPAs as well as all other SPAs
should be fully compliant with the Birds and Habitats Directives.
Anja Murray
Policy officer
BirdWatch Ireland
October 2011
Directors: J Cromie Chairman, K Grace, AP Kelly, K O’Byrne, J O’Halloran, JB Peart, SP Roche
Registered charity no. 5703. BirdWatch Ireland is the trading name of the Irish Wildbird Conservancy, Cáirde Éanlaith Éireann, a company limited by guarantee.
Registered in Ireland, no. 116468. Registered office: Unit 20, Block D, Bullford Business Campus, Kilcoole, Co.Wicklow, Ireland.