Bird nests

[Stewart Johnson]

Since I am an ecologist (who dabbles in tree surveying) I thought I'd contribute a bit. 

The laws says all nests - and that includes pigeons and crows - are protected by law. For some species (basically crows and pigeons) you can print off a licence from the website of your national government biodiversity body (Natural England, NRW, SNH) which allows nest destruction/disturbance if there's a health & safety issue with the landowners' consent. Otherwise anything which causes a nest to be abandoned (and that's defined as existing from the moment the first twig is laid) will leave you open to prosecution.

Penalties can (but never do) go as high as six months in jail or a £5000 per individual affected. In practice you'll probably get a few hundred quid fine and your name in the local newspapers.

So, how do you go about your work in nesting season? You exercise due diligence. Climb trees before you work on them and check (also check for bats and, in some parts of the country, red squirrel dreys). If trimming a hedge, look through it thoroughly first. For a big job, consider taking on a local ecologist (cheaper than a big firm!) which then shifts the blame onto him or her...

A trick I've learned is to use a selfie-stick. Easy then to photo a nest to see if it's in use or not. Also handy for large nests in inaccessible bushes which may not be abandoned crows' nests as you think but a raptor nest - raptor chicks don't make any noise when they feel threatened... And yes, that was hard won and exceptionally embarrassing experience...

[Steve Bullman]

good info, thanks

[benedmonds]

2 hours ago, Stewart Johnson said:

The laws says all nests - (and that's defined as existing from the moment the first twig is laid) will leave you open to prosecution.
...
A trick I've learned is to use a selfie-stick. Easy then to photo a nest to see if it's in use or not. Also handy for large nests in inaccessible bushes which may not be abandoned crows' nests as you think but a raptor nest - raptor chicks don't make any noise when they feel threatened... And yes, that was hard won and exceptionally embarrassing experience...

Just playing devils advocate here, but how can you be sure it is not in use..?

You have just said that an active nest is defined as from the moment the first twig is laid..  

 

Most birds don't reuse nests, but an empty nest in spring could be last years, or just waiting for eggs..? 

 

[Stewart Johnson]

And, just to really confuse matters, some species of bird build several nests and only use the one - I think robins are a complete sod for doing that.

Nests often don't last the winter - especially out here in West Wales... but the thing to do is check them.

If by simply going near it you hear a bird alarm call - that's one sign. Look into it, if there's no down or eggs and it's empty, then I doubt any court in the land would bother you. Worth taking a quick photo though if in nesting season just in case anyone asks.

And in spring, withdraw a reasonable distance and spend a quarter hour or so seeing if it's being used.

Be aware you may still find active nests right into August - it's unusual but not unheard of. Sparrowhawks for example can nest later because they need their chicks to hatch more or else when everything else is fledging.

[AA Teccie (Paul)]

2 hours ago, Stewart Johnson said:

Since I am an ecologist (who dabbles in tree surveying) I thought I'd contribute a bit. 

The laws says all nests - and that includes pigeons and crows - are protected by law. For some species (basically crows and pigeons) you can print off a licence from the website of your national government biodiversity body (Natural England, NRW, SNH) which allows nest destruction/disturbance if there's a health & safety issue with the landowners' consent. Otherwise anything which causes a nest to be abandoned (and that's defined as existing from the moment the first twig is laid) will leave you open to prosecution.
 

A technicality perhaps, but maybe an important one in a potential prosecution situation, I understood it only to be Schedule 1 and 1.1 birds that enjoyed a higher level of protection including 'disturbance.' The inference being those previously referred to 'pest species' (those detailed in the DEFRA GL05 form(?), e.g. crows / magpies / wood pigeons) are protected from being killed, injured or the nest destroyed...but not disturbance?

 

Regardless, morally, and professionally, we shouldn't "knowingly" disturb them / their nests either.

 

Thanks for posting,

Paul

[Stewart Johnson]

It is a tricky one because all breeding birds are protected, and it's down to interpretation. That means if you disturb them in a manner sufficient to prevent them breeding - i.e. they abandon their nests, you are committing an offence. This being because in causing abandonment, you have effectively damaged the nest/ killed the eggs etc. Schedule 1 birds are rarer, and the definition of disturbance broader. 

I think the difference is if you disturb a blackbird, say, and nothing untoward happens, you're safe from prosecution because it's the result that matters. Even causing a Kingfisher or Barn Owl a moment's nervousness will get you prosecuted.

'Pest' species also enjoy this protection - and that's important to remember because many people think they don't. However, as I said, you can get a print-off licence off the internet to cover you for this so long as the landowner and you agree there is a health & safety implication.

Should there be a H&S implication and you're dealing with something else, give the authorities a quick ring and they'll advise you.

 

That's probably as clear as mud, but if you're working near Schedule 1 birds I'd get some serious professional advice.
 

[AA Teccie (Paul)]

Very helpful / informative...thank you.

Paul

[benedmonds]

As skyhuck commented re cats, it is madness..

 

There are around 10 million cats in the UK,  nearly all of them will be, causing abandonment of nests and disturbing (eating) nesting birds. Our cat is bringing back all sorts for her kittens to play with.

[Gary Prentice]

On 11/05/2018 at 16:33, EdwardC said:

Because owning a cat isn't an offence. But it should be.

 

Just for you Ed, 

[Stewart Johnson]

Don't get me started on cats....  but then the average moggy isn't destroying entire clutches which is what will happen if your trash a nest. There is a reason why each blue tit pair produce around a dozen chicks a year...