Quote:
Originally Posted by richardkm  Wow, great photos.
Just one point, I believe it's illegal to photograph kingfishers at or near the nest without a licence, although I could be out of date on this. If I am right, it should be okay around your pond, but not if you follow them to where they are nesting, but I would guess its a moot point if they are nesting within sight of a public right of way! |
Thanks for raising this point Richard - in fact, it's something I was going to comment on in my next report (as since starting this thread it's occurred to me that others might share your concern), but as you've raised it I'll deal with it now.
You're certainly not out of date on the point, but you're not absolutely correct on the technicalities either
- let me explain:-
Strictly speaking, it isn't the act of photographing Kingfishers at or near the nest that is illegal and requires a licence, it's intentionally disturbing one (or any other wild bird listed in Schedule 1 of the Wildlife and Countryside Act 1981 - as amended by the Environmental Protection Act 1990) "...while it is building a nest or is in, on or near a nest containing eggs or young; or disturbing dependent young of such a bird..." and irrespective of whether the act of disturbance is for photography or some other purpose.
Having said that, the licensing provisions featuring within the legislation do give Natural England (formerly English Nature), as "the appropriate authority", the power to grant licences to disturb Schedule 1 protected species for the purpose of photography and for a number of other purposes.
So, in short, it is intentional disturbance that is illegal rather than photography per se (sorry, I can feel myself slipping into lawyer mode
), though clearly if one is found to have disturbed a Schedule 1 protected bird for the purpose of photography and without a licence to do so, that would indeed be an offence.
Thankfully all of that is somewhat academic as I'm pleased to say that I do have a Schedule 1 licence relating to these birds and this specific site. Obtaining such a licence is quite a rigmarole (even for a lawyer
) but I'm grateful for the help and advice given to me by the staff of Natural England's Licensing Service and for the speed with which they processed my licence application.
I'm also indebted to the landowner (although close to my home, the area of water at the centre of the Kingfishers territory is on private land) who not only gave me his enthusiastic consent to observe and photograph the birds but also invited me to erect a temporary hide on the site
I have since done this - over a period of several days so as not to disturb the birds too much in one go, but in fact as I was knocking in the corner posts on the 1st day one of them sat and watched me from a nearby tree!!! I'm almost convinced it recognises me as that fool who keeps re-stocking his garden ponds with small fish as a kind of Kingfisher take-away service
Now for the real news, the pair have started nestbuilding in earnest with each of them taking it in turns to spend 20 minutes or so tunnelling whilst the other watches from the opposite bank or goes off to do a spot of fishing. After each digging session they emerge with muddy beaks and then do 2 or 3 quick shallow dips into the water to cleanse themselves - it's quite amusing to watch. Here's a couple of photos showing both the male and the female with muddy beaks.
and finally - after all that work they still have the time and energy to do what comes naturally
