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Avoiding Noise Nuisance

Guidance for farmers on the use of bird scarers

With thanks to the National Farmers Union for permission to include their Code of Practice on the use of bird scarers

Avoiding Noise Nuisance - Guidance for farmers on the use of bird scarers
Bird scarers are commonly used to protect crops from damage by wild birds. The Council receives numerous complaints about noise disturbance arising from audible bird scarers, usually gas powered units. In order to maintain good relations between the farming community and residents , toleration is encouraged, both from residents who often do not appreciate the need to minimise damage to crops, and from farmers who are encouraged to keep disturbance to reasonable levels. The National Farmers Union, in consultation with their members has addressed this in their code of practice on the use of bird scarers, a copy of which is attached to this note. This code is considered to be indicative of best practice, whether or not you are an NFU member, and the Council would encourage you to follow the guidance contained in it. The East Riding of Yorkshire Council is keen to encourage the considerate use of bird scarers. Alternatives to gas powered units and other noisy methods for use close to residential areas and other sensitive locations are recommended. There are several practical alternatives available which are suitable for use on arable farms, although of course no guarantee of their effectiveness can be given or implied. There is little scientific study into the effectiveness of bird deterrents, but the following devices could be useful in addition to or as an alternative to gas canons.

Rotating mirrored pyramid, powered from a car battery or the wind, depending upon the model. It reflects light at the birds angle of approach and the flash of light startles the birds and deters them from the crop
Photo courtesy of Peaceful Pyramids Birdscarers, www.birdscarers.co.uk

Wind driven rotating vanes, possibly incorporating a hammer mechanism to generate a noise as the vanes rotate. The strobing effect of the vanes as they rotate disorientates birds.
Photo of Scairoff birdscarer courtesy of Grainbox Agricultural Supplies, www.grainbox.co.uk

Wind powered revolving human figures or reflectors with painted on eyes mimic human activity or a predator
Photo courtesy of Scaringbirds.com Ltd, www.scaringbirds.com 01584 711701

Helium filled balloons can cover a large area. Particularly if brightly painted with a pair of eyes, can be associated with a predatory bird. (The Air Navigation Order 1980 forbids the flying of kites or balloons at more than 60 metres above the ground, or at any height within 5km of an aerodrome without the permission of the Civil Aviation Authority) Photo courtesy of Allsopp Helikites Ltd,
allsopp@helikites.com

Inflatable scarecrow, powered from a car battery, mimics human activity, and is more effective if there is a noise associated with its inflation (a screech or wail may be less intrusive than the impact noise of a gas canon, but be careful not to cause a noise nuisance!)
Photo of Scarey man courtesy of Clarratts Ltd 01480 476376, http://www.clarratts.com

Realistic models of wood pigeons with outstretched wings placed on the ground showing the white markings have been shown to be effective as a pigeon deterrent

How bird scarers work Birds react to unfamiliar objects and noise associated with danger. However, birds soon become acclimatised and all the methods soon lose their effectiveness, and the key to effective bird scaring is to maintain the element of surprise. For this reason it is most effective to restrict the use of deterrents to the time when the crop is at its most vulnerable. The effectiveness of each method varies between bird species, and studies have shown that birds will become habituated relatively quickly, particularly if there is no actual threat associated with the device. Birds are thought to build up a mental picture of their surroundings which leads them to expect certain things in specific places. Motionless devices provide short term protection as the threat is perceived rather than real. To maximise effect, the devices should appear lifelike, be highly visible and their location should be changed frequently to delay habituation. It is therefore most effective to vary the type of deterrent, combine with other methods, move their locations regularly and also to ensure a degree of human activity on the fields every day, possibly associated with shooting to scare rather than specifically to kill. (Birds are protected under the Wildlife and Countryside Act 1981, and it is illegal to shoot some species unless licenced to do so). Once a scarer has lost its effectiveness it is important to remove it, as it is possible that birds will associate its presence with a good feeding area. Your legal obligations to minimise noise The East Riding of Yorkshire Council, in common with all local authorities, is obliged by law to investigate all complaints about noise from bird scarers. If the complaint is considered to be justified, and the noise is unreasonable in terms of loudness and / or timing, a statutory nuisance could exist. In such cases an investigating officer of the Council will contact the farmer concerned and advise of the complaint. It would be expected that remedial action will be taken to reduce disturbance, but if no action is taken the Council can serve an abatement notice under the provisions of the Environmental Protection Act 1990 to require remedial action. The penalty for non-compliance with an abatement notice can be a large fine imposed by a Magistrates Court. By following the advice in this note and the Code of Practice, you will reduce the chance of causing disturbance to neighbours and formal action by the Council. . If you wish to discuss noise nuisance further with an Environmental Health Officer, please do not hesitate to contact the East Riding of Yorkshire Council at its offices in Beverley, Bridlington and Goole. All officers can be contacted on 01482 887700, or by email if you know the officers name on forename.surname@eastriding.gov.uk. You can also contact us on the Councils website at www.eastriding.gov.uk.

CODE OF PRACTICE

NFUBIRDSCARERSCODE

Birdscarersandbirddeterrentsareessentialtoprotectmanycropsincluding oilseedrape,fruitandfieldvegetablesfromdamagebywildbirds. However, ifusedthoughtlesslytheycanseriouslyannoyanddisturbthepublic,thus fuellingthepressureforstrictlegalcontrolsorabanontheiruse. Justafew inconsiderateactionscouldthreatentheabilityofallgrowerstoprotecttheir cropsinfuture. Sopleasefollowthiscode,whichisdesignedtominimisepublic aggravationwhilstallowingeffectivecropprotection.

Typesofscarer
Auditory: thesemayimitatethesoundofgunfire,usesirensoraconstant
hum,ormimicthedistresscallofabird.
Visual: theserelyonthebirds'fearofhumans,otherpredatorybirdsandof
suddenmovements.
Somescarersanddeterrentscombinesoundandvisualstimuli.

Auditoryscarer

Reducingtheneedforscarers
Itmaybepossibletoreducetheneedforscarersandincreasetheeffectiveness ofthoseusedby: Planting(whereyourcroprotationallows)cropsvulnerabletobirddamage nexttoroadsorinotherlocationswherethebirdswillbedisturbed. Alternatively,whenplanningnewareasofvaluablecrops(particularly orchardsorsoftfruitareas),tryandlocatethemasfarawayfrombuildings wherepeoplesleeporwherequietisimportant,sothatifitisnecessaryto resorttotheuseofauditoryscarerstheirimpactwillbeminimised. Growingsmallscalecropsundernetting. Fencingorelectrifiednettingcan protectcropsnearwatercoursesfromswansandgeese. Stringsortape suspendedroughly50metresapartmaypreventwaterfowlflyingintocrops.

Choosingscarers
Useasmanydifferenttypesofeffectivescarersasyoucan; visual,auditory andrepellantscanallhavearoletoplay. Birdsquicklygetusedtoscarers, soitsagoodideatouseavarietyofscarerstomaintaintheirnovelty. Considertheintendedlocation; forexample,aretheresensitivelocations nearby?Useauditory scarersasalastresortaftertryingalternatives. Never usenoisyscarersnearbuildingswherepeoplesleeporwherequietis important. Donotsitescarerspronetotheftwheretheycanbeeasilystolen.

Usingtimedauditoryscarers
Assoonasanauditoryscarerloseseffectiveness,replaceitwithanotheror a differenttype; otherwiseitcouldsignalagoodfeedingarea. Useauditoryscarersonlywhentheirusecanbejustified. Thinkcarefullyabouttheuseofpropanegasguns. Inconsiderateusemay leadtocomplaintsandyoumay havetoappearincourt. Donotfirethemmorethanfourtimesinanyhour(remembertoconsider situationswhereseveralgunsprotectasinglefield). Birdscantakemuch more than15minutestoregroup. Iftheintervalsaretooshort,thebirdswillquickly getusedtothescarer. Allthereportsfromamultipledischargegunshould countasonereportifheardwithin30seconds. Neveruseauditoryscarersbeforesunriseoraftersunset. Liaisewithneighbouringfarmerstoensurethat,betweenyou,youdonot causeanuisance.

Avoidcausinganuisance
Whereitispracticaltodoso,youshouldseektominimisetheimpactofauditory scarers,onyourneighboursandconsideralternativemeansofscaringbirds. Belowaresomestepsyoucantaketoactresponsibly: Whentheyareinuse,thedisturbanceofscarersonnearbyhospitals,homes orschoolsshouldbeminimised. Forexample,placethescarersasfaraway aspracticable,alignthemtopointawayfromneighbours,andusebaffles. Avoidusingauditoryscarerswithinatleast200metres(220yards)ofsensitive buildingsbefore7.00am,orbefore6.00amelsewhere,whensunriseisearlier. Useanothermethodintheearlymorninganddonotuseafter10.00pmwhen sunsetislater. Takeaccountoftheprevailingwindwhensitingscarers. Rememberthatnoise travelsmuchfurtherdownwind. Wheremechanicaltimersareused,ensurethattheyareregularlyresetto takeaccountofcontinuouschangesinsunriseandsunsettimes. Whereaphotoelectriccellcontrolstheguns'operation,ensurethatthisis keptcleanandfreefromobstruction. Preferably,ensurethatamechanical timerbacksupaphotoelectricswitch. Usereflectiveorabsorbentbaffles(ofsaycorrugatedironorstrawbales)to concentratethesoundontoyourfieldandawayfromneighbourswherever nuisancecouldbecaused. Thesecanbeveryeffectiveinreducingnoiselevels intherequireddirection.

Suggestedlayoutofbafflesforauditoryscarer

Auditoryscarerwithbaffles

TrynottouseauditoryscarersonSundays. Tryanothertypeofscarerinstead. Ensurethatyourneighbourshavethenameofaresponsiblepersontocontact ifthecontrolonascarerfails. Alsodisplaythenameandtelephonenumber at thenearestpointofpublicaccessorinformthelocalEnvironmentalHealth Departmentwherethescarerislocatedandgivethemcontactdetailsofthe personresponsible. Ensurethatscarersareproperlymaintainedandcheckedregularlytodetect anymalfunctionsthatcouldcausecomplaints.

Positioning
Placescarersasfarapartaspossiblesothattheircombinedeffectdoesnot causeanuisance,takingaccountofthelieoftheland,atmosphericconditions and plantcover. Positionscarerssothatthey arepointingdownwind(wherenuisanceisnota problem)evenaslightwindcanaffectthedistancesoundtravelsandtake particularcarewithdevicesthatswivelwiththewind. Prolongtheeffectivenessofscarersbyhidingthembutnotwherethere couldbeariskoffire.

Increasingeffectiveness
Reinforcetheeffectsofthescarerby shooting,sothatthenoiseisassociated withrealdanger. Tryplacingascarerinsideabrightlycolouredcontainerandplaceseveral similar,butemptycontainersinthefield. Occasionallymovethescarerfrom onecontainertoanother.

Usingscarersofalltypes
Usescarersasinfrequentlyaspossible. Determinewhenthecropismost vulnerableandonlyusescarersthen. However,ifgeeseareseennearacrop, scarersshouldbepositionedimmediately. Prolongtheeffectivenessofascarerbyvaryingthetypeandpositioningof scarers.

Scarersandrightsofway
Scarersareintendedtofrightenbirds,notvisitorstothecountryside. Tryto avoidsurprisingpassersby. Trytoavoidpositioningauditoryscarersadjacenttorightsofway. Consider warningusersoftheirpresence. Rememberthathorsesareeasilyfrightenedandcanboltorunseattheirriders. Donotpositionthescarersnearroadsorbridlewaysusuallyusedbyriders. Looktolessenthepotentialdangerbytakingthesesafetyprecautions: Maximisethedistancebetweenthescarerandtheroadorbridleway. Pointthescarerawayfromnearbyroadsorbridleways. Whereappropriateuseabaffle(asillustratedearlierinthisleaflet). Considererectingtemporarysignstowarnriders. Don'tforgettoremovethese afteruse.

RelevantLegalControls
TheFirearmsAct1968requiresafirearmscertificatetobeobtainedifbirdscaringcartridgesareused. TheEnvironmentalProtectionAct1990includespowerstodealwithnuisancefromauditorybirdscarers. Thesehavebeenusedsuccessfullytostopoffendingfarmersusingsuchscarers. TheAirNavigationOrder1980requirestheconsentoftheCivilAviationAuthoritytoflykitesorballoons (visualscarers)above60metres(200feet). TheWildlifeandCountrysideAct1981protectswildbirds. GenerallicencesareissuedbyDEFRAand theWelshAssemblyGovernment(WAG)whichallowauthorisedpersons(includingownersandoccupiers oflandandtheirrepresentatives)totakeandkillcertainspeciesregardedas"pestbirds". Someother speciescanonlybekilledunderalicenceissuedby DEFRAandtheWelshAssemblyGovernment (WAG). Scarerslikelytoinjurewildbirdsareprohibited.

Furtherinformation
FormoreadvicecallNFUCallfirst0n08708458458.