I seem to recall that a swan is the size of trespasser where the delay problem (and repay responsibility) moves from the TOC▸ over to Network Rail, although I am not sure how line-side fences are supposed to keep a swan out of the railway reservation. Is it true that swans can only take off from water?
While no doubt size matters, it's not the specific criterion. Delays are to be attributed to
NR» if the animal (including birds) is a risk to safety of the line. If not - presumably it's then a driver not wanting to harm a poor little birdie - that's left with the TOC (and to be discussed with the driver). There are two footnotes to that section of the
DAPR▸ (Q1.8.1), one of them specific to swans:
Note: Safety of the Line in this circumstance is deemed to be where the reporting person believes there is a potential risk to the safety of their train, other trains, any persons on those trains or the overall safe operation of the railway.
Note: Incursion incidents involving swans (not struck by a train) are to be coded to X8 given their protected status.
X8: Animal Strike or incursion not within the control of Network Rail EXT ANIMAL
So that's one of things things NR pay for though they are not held to be responsible.