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RSPB loses bid to stop Ribble Estuary seagull cull | RSPB loses bid to stop Ribble Estuary seagull cull |
(35 minutes later) | |
A bid by the RSPB to block the culling of thousands of gulls has been lost at the High Court. | A bid by the RSPB to block the culling of thousands of gulls has been lost at the High Court. |
The judge was asked to quash the environment secretary's decision to sanction the cull, in the Ribble Estuary on the Lancashire coast. | The judge was asked to quash the environment secretary's decision to sanction the cull, in the Ribble Estuary on the Lancashire coast. |
Aerospace firm BAE Systems said reducing the number of lesser black-backed and herring gulls was required. | Aerospace firm BAE Systems said reducing the number of lesser black-backed and herring gulls was required. |
The cull would lower the risk of birds being sucked into jet engines at Warton airfield, it added. | The cull would lower the risk of birds being sucked into jet engines at Warton airfield, it added. |
The RSPB argued that the destruction of the birds was unlawful and would set a dangerous precedent for bird conservation in the UK. | The RSPB argued that the destruction of the birds was unlawful and would set a dangerous precedent for bird conservation in the UK. |
Mr Justice Mitting, sitting in London, ruled the claims "unfounded", dismissed the RSPB's application for a judicial review and ordered it to pay £10,000 in legal costs. | |
'Substantial decline' | 'Substantial decline' |
Consent was given in May last year for the killing of 552 pairs of lesser black-backed gulls and for further operations to maintain the population at a reduced level for 10 years, provided the overall population was not reduced to fewer than 3,348 pairs. | Consent was given in May last year for the killing of 552 pairs of lesser black-backed gulls and for further operations to maintain the population at a reduced level for 10 years, provided the overall population was not reduced to fewer than 3,348 pairs. |
There was also consent for further measures to be taken to maintain the herring gull population at the reduced level that followed an earlier cull. | There was also consent for further measures to be taken to maintain the herring gull population at the reduced level that followed an earlier cull. |
Speaking at a hearing earlier this month, David Forsdick QC, for the RSPB, said the culls threatened to undermine the conservation purposes of European directives for birds and habitats. | Speaking at a hearing earlier this month, David Forsdick QC, for the RSPB, said the culls threatened to undermine the conservation purposes of European directives for birds and habitats. |
He argued the populations of lesser black-backed gulls were in "substantial decline" across the UK and in need of protection. | He argued the populations of lesser black-backed gulls were in "substantial decline" across the UK and in need of protection. |
Mr Justice Mitting said a "careful and rational assessment of the numbers of lesser black-backed gulls which could be safely culled" had been carried out. | |
The judge refused the RSPB permission to appeal against his ruling, although the society can still ask the Court of Appeal to hear its case. | The judge refused the RSPB permission to appeal against his ruling, although the society can still ask the Court of Appeal to hear its case. |
'Bird strike risk' | |
Following the ruling, the RSPB said the judgement was "deeply worrying" as it believes it "fundamentally misinterprets the law as it relates to protecting birds". | |
A spokesperson said: "It is important to stress that the dispute at the centre of this case is not about air safety. | |
"The RSPB fully accepts the risk exists and that the cull is necessary, this is about how the government can sanction the killing of an additional 1,100 lesser black-backed gulls without acknowledging the damaging impact of removing almost a fifth of the breeding population of a species on a protected site." | |
BAE Systems said it was pleased with the court's decision. | |
A spokesman said: "We believe that a reduction in the gull population will reduce the risk of a bird strike incident on or in the vicinity of Warton aerodrome, and therefore will ensure the safety and wellbeing of local residents, aircrew and employees." |
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