Legal Definition of a 'Nesting Bird'

[Gary Prentice]

I asked this question in another thread, to no avail, so can anyone define what the definition of a nesting bird is - preferrably with some case law to back it up.

 

Is a nest under construction - sans eggs or young, included?

 

Is a nest still protected after a brood of young have flown, but before more eggs may be laid (Obviously some species re-use for a second clutch and some don't)

 

Todays construction client cocked up on the environmental checks, we arrived, checked the bird box to find eleven eggs in it.

 

Now the client wants to know when we can return to fell the tree as it's in the middle of a classroom for a new build school:001_smile:

[David Humphries]

This looks to be the key bit of the Wild Life & Countryside Act 1981 regarding what constitutes a bird in the act of nesting

 

"intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built"

 

 

.

Edited April 20, 2017 by David Humphries

[Gary Prentice]

This looks to be the key bit of the Wild Life & Countryside Act 1981 regarding what constitutes a bird in the act of nesting

 

"intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built"

 

 

.

 

Thanks David, I had a real quick scan but misses that.

 

So that covers being built, so now I need to identify what species of bird it is and find out whether it will be re-used?

[devon TWiG]

From my understanding after discussions with officials ( licensed expert from the British Trust for Ornithology ) due to an issue on some land I own last year , it is from when construction commences until the chicks have fully fledged , which in this case was over 4 months .

[arbmark]

In a nutty shell that's how I had it. But some species carry on with second and third broods. I think that is what gary was talking about

[openspaceman]

Thanks David, I had a real quick scan but misses that.

 

So that covers being built, so now I need to identify what species of bird it is and find out whether it will be re-used?

 

Yes there is a bit of a catch 22 here, the 1981 act uses the words "intentionally take, damage or destroy" which applies to any wild bird. The later CRoW act makes it an offence to recklessly disturb nests of schedule 1 birds.

 

So if you realise a nest is there and then you disturb it then it is intentional, if you don't check for a nest then it is reckless if it involves a schedule 1 bird but how do you know what species you are disturbing?

[Gary Prentice]

In a nutty shell that's how I had it. But some species carry on with second and third broods. I think that is what gary was talking about

Correct.

:thumbup1:

 

 

Yes there is a bit of a catch 22 here, the 1981 act uses the words "intentionally take, damage or destroy" which applies to any wild bird. The later CRoW act makes it an offence to recklessly disturb nests of schedule 1 birds.

 

So if you realise a nest is there and then you disturb it then it is intentional, if you don't check for a nest then it is reckless if it involves a schedule 1 bird but how do you know what species you are disturbing?

 

If the law was simple, we wouldn't need lawyers:confused1:

 

That will be the man-scan thing my ex-beloved occasionally, (read frequently), mentioned incesantly whenever I missed some minor detail of something unimportant, at least unimportant to me.

 

Hardly minor, on my part, the building bit

I now accept that if there is a finger of blame to be pointed, it will be at me (ALWAYS!) and if my better half thinks it's important - it's very important.

 

 

I live a much simpler and happier life having accepted these simple facts:biggrin:

[Gary Prentice]

Just to update.

 

Spoke to a very helpful lady at the RSPB Wildlife Team on friday.

 

She was able to tell me the incubation period and the number of days that the young will to to fledge. She also said that, if the nest contains any eggs after this (Presumably one that failed to hatch/infertile) the nest is still classed as active until the end of August.

 

The wildlife team are worth a call, if anyone has any queries regarding issues with nesting birds.

[Stubby]

If its a pigeon then you might get away with a couple of weeks in January other than that they are at it all the time .

[Gary Prentice]

If its a pigeon then you might get away with a couple of weeks in January other than that they are at it all the time .

 

Nature continues to disobey man-made rules!