The Lincolnshire Bird Club

The LBC Forum. To register on this forum YOU must NOW be a member of the LBC - see Membership Page for details.
To join the LBC Forum you must be a Member of the Lincolnshire Bird Club - Click here for Membership Information
If you would like to post an item, but ARE NOT a forum member please submit information using the Record Form: if suitable the information will be posted on the LBC Forum on your behalf.

It is currently Sun May 19, 2019 11:25 pm

LBC Homepage - The Photo Album - Submit a Record (for Non-members)/ or Request - LBC Forum Information and Access Help - Forum Information

All times are UTC [ DST ]

Forum locked This topic is locked, you cannot edit posts or make further replies.  [ 1 post ] 
Author Message
 Post subject: Disturbance and the Law
PostPosted: Thu Mar 25, 2010 6:58 pm 
Web Master
Web Master
User avatar

Joined: Tue Dec 28, 2004 9:25 pm
Posts: 2180
Location: Fulbeck, Grantham
Disturbance and the Law

Mark Thomas from the RSPB, has provided the following advice for Lincolnshire.

For Schedule 1 species (rare/scare breeding birds) it is an offence to intentionally or recklessly disturb the bird(s) whilst it is building a nest, or is in, or near a nest containing eggs or young. It is also an offence to disturb dependent young of Schedule 1 species. Intentional disturbance is clearly when a person carries out an act with the intent to disturb an egg collector flushing a bird off a nest in order to take its eggs for example. Reckless disturbance is when a person considers their actions may possibly cause a disturbance but continues anyway and then in doing so does disturb a bird.

For all non-Schedule 1 species (all commoner birds) there is no law protecting them from disturbance, unless a bird is on a SSSI and is part of that sites designated special feature – such as a Nightjar on a heathland SSSI.

In order for a case of disturbance to reach a prosecution stage then an incident needs to be reported to the Police and sufficient evidence from one or more witness (usually backed up with an avian expert's analysis of the facts) needs to be considered by the CPS, who, based on various criteria, will decide if the case should reach court.

In legal terms, a person luring out a breeding Grasshopper Warbler, Nightingale or Redstart (all non Schedule 1) by playing a tape, commits no offence even if the bird is disturbed. We should not forget the moral aspect however.

BUT if the same situation occurs with say a breeding Woodlark, Bearded Tit or Black-necked Grebe (all Schedule1) then it is likely an offence has been committed if the bird is building a nest, or is in, on or near a nest containing eggs, or young, or has dependent young. It relies on someone witnessing the disturbance. It may be that the person causing the offence does not know that the bird is near an active nest BUT if it is in the breeding season in breeding habitat, then it is likely that a court would focus on the reckless element and on the persons knowledge, intentions and actions.

To assist research, a government licenses can be issued for activities which are likely to cause disturbance to Schedule 1 species. These are considered on merit and relate to the conservation status of the species. Examples could include tape playing to census hard to located breeding species, nest photography, ringing chicks.

Beside the law, these is also the Birdwatchers Code of Conduct which focuses on the moral issues surrounding disturbance

Mark Thomas, RSPB Species Protection.

Andrew Chick

Display posts from previous:  Sort by  
Forum locked This topic is locked, you cannot edit posts or make further replies.  [ 1 post ] 

All times are UTC [ DST ]

Who is online

Users browsing this forum: No registered users and 1 guest

You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Search for:
Jump to:  
Powered by phpBB® Forum Software © phpBB Group

Fatbirder's Top 1000 Birding Websites