Madise says song alone cannot prove a protected bird habitat

Estonia’s Environment Agency sometimes records protected bird locations in the country’s nature information system on the basis of incomplete evidence, and creates buffer zones where the species may not live, Chancellor of Justice Ülle Madise said, ERR reported. The agency said it is working to improve the quality of the system’s data.

Madise raised concerns with the Environment Agency, the Climate Ministry and the parliament’s Environment Committee about the evidence used to record protected species locations in the Estonian Nature Information System, known as EELIS, and to set buffer zones around them.

Her adviser reviewed materials behind several entries and found that information about a species’ presence was often sparse. In some cases, the only evidence was a report that someone had seen or heard a bird in the area. Photos and recordings were usually not provided, and the agency has no agreed rules with experts on what information is required or how it should be documented.

Madise noted that the absence of photos or recordings does not necessarily mean a sighting is unverified. But even submitted photos can be unhelpful, such as an image of a feather photographed edge-on. Records can also lack details about how observations were made. For example, a report may state that a nest contained a chick without saying whether the observer used binoculars, a drone or climbed the tree.

The agency assesses the credibility of information mainly by considering who submitted it. If the person is an expert, their confirmation that a species nests there may be enough. Madise said records should also explain the circumstances of an observation and the reasoning behind conclusions about a species’ presence and the extent of its habitat, so those conclusions can be checked and landowners’ objections addressed.

Madise also said that when an eagle’s nest is found, the system may record a habitat or location as well as the nest tree, effectively creating two protection zones. The tree is surrounded by a legally defined circle with a diameter of 50 to 1,000 metres, while the agency may also create a buffer zone at its discretion. Such zones can cover dozens of hectares and may be created around nests of species whose nests are not directly protected by law.

In some cases, the agency has entered a location and buffer zone in EELIS because it considers the habitat suitable for a bird to nest, even though no nest or nesting has been confirmed there. Madise said landowners can therefore face extensive restrictions on their property based on an informational entry, without the agency first checking in every case whether nesting is actually taking place.