What's the score with Scheduled Species?

These are birds that are protected by law and must not be photographed at or near a nest without a licence. Such licences can be obtained from Natural England (formerly English Nature) in this country.

Should you apply for a licence?

Please think very carefully before proceeding. Many common species such as Barn Owl & Kingfisher are Scheduled.

 Photographing Scheduled species at the nest site should only be undertaken by those with a good knowledge of bird breeding behaviour.

There are many among us who are otherwise competent bird photographers (and birdwatchers) who lack this qualification. I know this is true of myself.

I would therefore never consider photographing a Scheduled species at the nest, I love birds too much and always remember the golden rule...The welfare of the bird comes before the photograph.

Species include:

Avocet

Bee-eater

Bittern

Bittern, Little

Bluethroat

Brambling

Bunting, Cirl

Bunting, Lapland

Bunting, Snow

Buzzard, Honey

Chough

Corncrake

Crake, Spotted

Crossbill (All species)

Diver (All species)

Dotterel

Duck, Long-tailed

Eagle, Golden

Eagle, White-tailed

Falcon, Gyr

Fieldfare

Firecrest

Garganey

Godwit, Black-tailed (Above)

Goldeneye

Goose, Greylag (outer Hebrides, Caithness, Sunderland and West Ross only)

Goshawk

Grebe, Black-necked

Grebe, Slavonian

Greenshank

Gull, Little

Gull, Mediterranean

Harrier (All species)

Heron, Purple

Hobby (Above)

Hoopoe

Kingfisher (Above)

Kite, Red

Merlin

Oriole, Golden

Osprey

Owl, Barn (Above)

Owl, Snowy

Peregrine

Petrel, Leach's

Phalarope, Red-necked

Pintail

Plover, Kentish

Plover, Little-ringed

Quail, Common

Redstart, Black

Redwing

Rosefinch, Scarlet

Ruff (Above)

Sandpiper, Green

Sandpiper, Purple

Sandpiper, Wood

Scaup

Scoter, Common

Scoter, Velvet

Serin

Shorelark

Shrike, Red-backed

Spoonbill

Stilt, Black-winged

Stint, Temminick's

Stone Curlew

Swan, Bewick's

Swan, Whooper

Tern, Black

Tern, Little

Tern, Roseate

Tit, Bearded

Tit, Crested

Treecreeper, Short-toed

Warbler, Cetti's

Warbler, Dartford

Warbler, Marsh

Warbler, Savi's

Whimbrel (Above)

Woodlark

Wryneck

 

The RSPB guide to bird photography & the law

I've already mentioned the golden rule that the bird's welfare must come first, however, when permitted to do so, and when photographing any bird at the nest:

  1. Ensure you have the landowner's permission. Please don't trespass.

  2. Keep the nest site secret. Choose a site away from public view, and if a hide is used, camouflage it well. Leave no tracks or signs that may lead predators to the brood.

  3. Keep visits to the nest as few and as short as possible.

  4. Leave the nest site as you find it. Any 'gardening' of a nest should be kept to a minimum to avoid exposing the nest to predators or adverse weather. Tie back vegetation rather than cutting it so it can be restored to its original position.

  5. When using a hide, erect it some way off, moving it closer over a period of days so the birds grow used to it. Ensure at each stage that the hide has been accepted. If there is any doubt move it back. Many species will need at least a week's preparation.

  6. The use of a friend is recommended as a 'walk-away', accompanying the photographer to and from the hide.

  7. Fingers and lenses suddenly poked out of a hide, flapping cloth and loud noises scare birds. Get them used to small sounds, talk to them perhaps before taking pictures.

  8. Remember that public opinion generalizes actions, and that the thoughtlessness of one bird photographer may damage the reputation of others.

  9. To protect rare breeding species, the law prohibits intentional disturbance of any Schedule 1 species described above. This applies while such a bird is building a nest, or is in, on or near a nest containing eggs or young. It is also illegal to intentionally disturb dependant young of Schedule 1 birds.

Common Eider

Irrespective of bird species involved, Scheduled or not, if you are disturbing the bird's normal behaviour whilst photographing them you need to move away...obvious, I know.

Richard 2010.

Home Page