CALLS were made yesterday for better legislation to protect nesting birds. Tree surgeons felling a pine at the Courtil St Jacques Estate play area on Thursday afternoon discovered a nest with two woodpigeon chicks in it.

‘There’s an awful lot of this sort of thing going on. You see people ripping hedges and cutting trees in the early spring when the birds are nesting,’ said Animal Aid founder Sue Vidamour.

‘We’ve had two complete nests with birds in brought to us by people who were having hedges cut. It might not seem a lot, but how many people don’t bother bringing them in?’

The two rescued chicks, thought to be about a week old, were being fed yesterday, but Mrs Vidamour said their chance of survival was ‘iffy’.

States arboricultural officer Andrew McCutcheon said an inspection of the trees had concluded that they were in a dangerous condition. Branches had been dropping without warning and it was recommended that they be felled as soon as possible.

Housing had been responsible for the contract.

‘While there is no formal legislation to protect nesting birds during tree maintenance and emergency work, the Environment Department is aware that there is self-regulation among qualified tree surgeons,’ he said.

‘Animal welfare is important to it and to the majority of contractors, but there are occasions when health and safety, particularly in populated areas, is paramount.’

RSPB Guernsey Group leader Mike Bairds said people should be more careful. Trees with active nests in could not be felled in the UK.

‘You’ve only got to look at what happens at the Chelsea Flower Show,’ he said. ‘Birds nest in trees and bushes that are put there for display and they have to be left afterwards until the birds have gone.’

He hoped that something similar would be included in forthcoming animal welfare legislation.

A spokesman for the Commerce and Employment Department said it was unlawful to knowingly and wilfully disturb a nest and eggs.

‘But the caveat is that it is not unlawful to do it during the normal course of forestry and agriculture,’ he said.

‘That law will be incorporated in the new legislation. It’s a very difficult judgement and the welfare and protection of birds law is aimed at stopping people from performing malicious acts.’

Barrett Landscapes managing director Jon Luff said the incident had been regrettable. The nest had been obscured when a tree surgeon had checked the tree and the birds were discovered only when dismantling had started and could not be stopped.