Be careful at Badger Setts

FUDGEY · #1 (**permalink**) 02-06-2011, 06:23 AM

Just a word of warning to any one who goes near Badger Setts as I was charged on Friday for taking photographs near one. I am sure it is a tit for tat complaint made by the farmer who I reported for running one over a few weeks ago. I was charged with disturbing Badgers at the sett, but how I was disturbing them is beyond me. The animals are coming out and are acting naturally in my eyes. If they were not emerging or bolting at any stage then I could see where disturbance came into it. Any way just be careful guys as it looks like no matter how good your intentions are it can lead you in to trouble.

Wild-Woman · #2 (**permalink**) 02-06-2011, 07:00 AM

Sorry to hear about this Fudgey.
Does sound a bit tit for tat.

JeffH · #3 (**permalink**) 02-06-2011, 07:01 AM

I'm really sorry to hear that Fudgey but it's always risky taking photos or even just watching badgers at or near a sett as some degree of disturbance (albeit unintentional) is always possible and such disturbance is, of course, illegal.

The same point applies to photographing Schedule 1 birds near the nest as it can be very difficult to avoid any disturbance, particularly whilst approaching or leaving the site.

Forgive me for stating the obvious, but in order to successfully prosecute you they must be able to prove actual disturbance. Alternatively, they may go for the lesser charge of 'going equipped' to disturb but, hopefully, you'll just get a warning. Good Luck.

Jeff
(Schedule 1 Licence holder for Kingfishers, Barn Owls and Avocets)

FUDGEY · #4 (**permalink**) 02-06-2011, 07:03 AM

Thanks WWoman, I am not fussed as I know with in myself that I wasnt causing disturbance. What will annoy me and I think this is a big possibility is that the farmer who deliberately ran over the Badger wont have to go to court and get a warning and that I who has a passion for these animals will have to go to court. We will wait and see though.

FUDGEY · #5 (**permalink**) 02-06-2011, 07:08 AM

Thanks Jeff, In fairness to the Policeman who charged me he was brilliant with me. He was actually embarrassed charging me and kept saying that he would word his report to help me, he even helped me when I was giving my statement

I do realise I was taking a risk, but I didnt think about this as I knew that my actions were not causing disturbance as these particular animals over 3 years got accustomed to me. I started of a good distance away back then and month by month eventually got closer to the Sett. I was about to try get a license, but I bet this charge will now prevent me from doing so. Doesnt seem fair, but these are the breaks Im afraid.

eeyore · #6 (**permalink**) 02-06-2011, 07:15 AM

Quote:

Originally Posted by FUDGEY

. I am sure it is a tit for tat complaint made by the farmer who I reported for running one over a few weeks ago. .

I'm sorry to hear about your problems, but i think this bit is a little doubtful - how would he know which sett you would be at and when ? - its more likely that a well meaning soul has seen you at the sett and wrongly assumed you were up to no good.

as jeff says they wont be able to prosecute without proof that actual disturbance occured , and even going equiped to disturb would be difficult to prove if you didnt have disturbing items (shovels, dogs, etc) in your possession when arrested.

so theres a good chance of the charges being dropped.

Looking on the brightside in general its good for 'your' badgers that the police respond to complaints about disturbance at the setts ass it vastly decreases the chances of them being dug.

JeffH · #7 (**permalink**) 02-06-2011, 07:21 AM

Quote:

Originally Posted by eeyore

....... and even going equiped to disturb would be difficult to prove if you didnt have disturbing items (shovels, dogs, etc) in your possession when arrested.......

I'm afraid that's not necessarily so Pete - if a witness saw Fudgey near the sett with camera equipment, that would be sufficient to bring a 'going equipped' charge

Jeff
(Schedule 1 Licence holder for Kingfishers, Barn Owls and Avocets)

sunnydale · #8 (**permalink**) 02-06-2011, 07:34 AM

I'm hoping to take David156 on a 'Badger watch' next week, while he's in the Peaks on holiday.
Personally, I'm not planning on taking photos. I doubt the camera I use would cope with the low light anyway.

Jeff, do you think the safest option is to simply observe then? I'd hate anyone to get into bother, especially as the sett is on my 'home patch'. I'd feel very responsible if anything happened!

Tracey

JeffH · #9 (**permalink**) 02-06-2011, 07:56 AM

Quote:

Originally Posted by sunnydale

I'm hoping to take David156 on a 'Badger watch' next week, while he's in the Peaks on holiday.
Personally, I'm not planning on taking photos. I doubt the camera I use would cope with the low light anyway.

Jeff, do you think the safest option is to simply observe then? I'd hate anyone to get into bother, especially as the sett is on my 'home patch'. I'd feel very responsible if anything happened!

Tracey

Tracey, personally I wouldn't go near a badger sett - either to take photographs or just to observe - during a period of potential badger activity at or near the sett (ie. at dusk or nightime) and for fear of causing disturbance by my mere presence/scent.

Here's a link to Natural England's guidance notes on
''Interpretation of ‘Disturbance’ in relation to badgers occupying a sett" -

http://www.naturalengland.org.uk/Ima...tcm6-11814.pdf

I'm afraid you must make up your own mind as to whether or not your intended actions might constitute disturbance but to give a simple example of the potential dangers -
say you're sat by a tree some 20/30 yards away from a sett entrance at dusk. A badger appears at the entrance - it sniffs the air and immediately turns and re-enters the sett. Have you disturbed it? Is it worth the risk?

I'm fortunate enough to have badgers visiting my garden on a nightly basis, often in groups of 4 or 5, and I know just how edgy they can be to strange noises and scents. In fact, last week we had 4 cubs in with one of the adults

But although the sett is less than 100 metres away I have never visited it during the evening/night as I would not wish to risk causing any disturbance at the actual sett.

Jeff
(Schedule 1 Licence holder for Kingfishers, Barn Owls and Avocets)

eeyore · #10 (**permalink**) 02-06-2011, 08:03 AM

Quote:

Originally Posted by JeffH

I'm afraid that's not necessarily so Pete - if a witness saw Fudgey near the sett with camera equipment, that would be sufficient to bring a 'going equipped' charge

Jeff
(Schedule 1 Licence holder for Kingfishers, Barn Owls and Avocets)

well you're the lawyer so i'm not going to argue - but I didnt think a camera was sufficient for intent to disturb

I know the law can be an ass but there must be some leeway - for example 'my' badger sett opens straight onto a public right of way, now I have a legal right to walk along that right of way with my dog (under usual accompanyments (sect 56 CROW 2000 I think) but as i pass the set am I also going to be guilty of "going equiped to disturb"

I thought (and again i'm seeking clarification rather than arguing the point) that for going equiped offences their had to be some intent to use the equipment to commit - this regularly comes up in the context of when you can carry tools without risk of a going equiped for entering lockfast premises.