Barn Owl Diary (with photos)

[pressld2]

Hi Bleeper,

You need a licence to photograph any schedule 1 bird (which includes both kingfishers and barn owls and quite a few other species too) at or near the nest during the breeding season. "At the nest" is pretty clear and unambiguous but "near the nest" is a bit more subjective and open to interpretation, hence my question above.

Outside of the breeding season I don't think there are any restrictions (other than the moral one of not doing anything that would put the welfare of the birds at risk). Even during the breeding season you don't need a licence to photograph them away from the nest. Which brings us back to the question - how far away do you have to be before you're legally away?

Dave P.

[GME]

Brilliant - I'll look forward to reading this thread too. Lovely shots as well. Great stuff.

I was driving home from my mates at about midnight the other day when I saw a Barn Owl stood on a fence post at the side of the road near a field. I slowed down and parked up to get a closer look. It then took off and hovered no more than 10ft away from me where it was focused on some critter in the grass. It was a truly awe-inspiring experience. So quiet, beautiful and graceful. I wished I had my camera with me at the time as it flitted around for about 10 minutes without any care for me and was often almost in touching distance (though I tried to remain as well hid and inconspicuous as possible). A truly magnificent bird.

Keep up the good work Jeff

[Nicola Main]

I'm really looking forward to this Diary and I hope they behave for you Jeff excellent photos too.

[stephen p]

Brilliant stuff Jeff, this is going to be another cracking diary for the year.
Can't wait to see your work, if it's anything like the Kingfisher Diary it will be amazing.

I have recently been doing a lot of work trying to find out about Barn Owls and Little owls in my area, and on the weekend found a couple of Local Nesting Boxes. I need to get in touch with the Hawk and Owl Trust this week to get more info.

I may have to PM you about Licences for some advice if you dont mind.

Stephen

[JeffH]

aeshna5; Bub-les; Richard (richew); denn; Vince S; John; GME and Nicola - thank you all for your interest and for your kind words of encouragement. I just hope the birds turn up and enable me to live up to your expectations

Doug (Black Rabbit) - thank you also, and yes two of the nestboxes are very exposed - we're right on the edge of the fens here and it can get a wee bit breezy! It was also bitterly cold on the day I took the photos.

bleeper - as Dave (pressld2) has already confirmed, you certainly do need a Schedule 1 licence from Natural England to photograph Barn Owls 'at or near' the nest. If the one currently frequenting your relative's land does indeed pair up with another, then you will have to be very careful about photographing them if you are to avoid breaching the legislation. My advice would have to be that if you see a pair of them together on the land within the next month or two and in the absence of a licence, you should keep well away from the area for fear of disturbing them during the critical courtship phase and possibly also committing a criminal offence

Stephen P - thank you also and yes, please feel free to pm me about Licences, etc.

and finally Dave (pressld2) - thank you for your kind remarks. As to your question - essentially just how near is 'near' within the terms of the legislation? I've done a considerable amount of research on the point and could probably write quite a lengthy legal paper on the subject. However, as it's not my field of legal expertise my comments must not be regarded as legal advice.

As the term 'near' is not defined in the actual legislation then, under the normal rules on interpreting the law, the standard dictionary definition of the word applies. However, as 'near' is a relative term this doesn't really help much. For instance, I often say that I live 'near' Cambridge when in fact I live some 10 miles away. On the other hand, if one tells a small child not to go 'near' a dog that might mean staying just a few feet away

There have been relatively few prosecutions for disturbance offences under the Wildlife and Countryside Act and apparently none of the cases brought before the courts have involved situations in which the issue of whether or not the defendant was 'near' was in dispute - it was sufficiently clear cut to be beyond doubt. Consequently, there is no judicial guidance on the point.

This being so, the question remains open to interpretation in any particular case or situation, though obviously if a case goes to court it will be the court's decision that counts!

I have discussed the matter informally with a member of the RSPB's Investigations Dept and they take the view (rightly in my opinion) that one cannot lay down any set distance, as the potential range in which disturbance of a nesting bird may occur will vary widely depending on such factors as the habitat in which the nest is situated, the species concerned and even the individual characteristics of particular birds within the species.

So far as I have been able to establish the only guidance expressed in specific distances was issued by the Forestry Commission Scotland in their Guidance Note no. 32 of November 2006 - "Forest operations and birds in Scottish forests". This was issued to enable forestry workers to plan and carry out forestry operations in areas in which Schedule 1 species were known to nest or where nests were discovered during the course of operations. In the case of Barn Owls the minimum "safe working distance" to avoid disturbance was put at only 100 -250 metres, but it must be remembered that this applies to a forested area and, in any case, carries no legal weight.

The minimum distance in an open area with perhaps just a few trees and/or field hedges would obviously be much greater and although in your example you say 'two or three fields away' much would depend on the size of the fields
and the general habitat of the area.

In summary, it is impossible to give a simple answer to your question and must come down to common sense and what a reasonable person might do. However, I think that in theory and in the case of Barn Owls nesting in fairly open country it is quite possible that one could be found guilty of a disturbance offence if one's actions disturb a bird hunting even as far as several hundred metres away from the actual nestbox.

I know that's not terribly helpful Dave but I'm afraid it's the best I can come up with and I would certainly recommend that without a Licence you should keep well away from any occupied nestboxes and, of course, should also try to avoid disturbing any hunting Barn Owls whilst attempting to photograph them during the breeding season.

Jeff

[witham]

Great diary, I love Barn Owls, We regularly see one hunting along the drains etc in the fields at the back of where we live. When I was taking my dog for a walk on the bank of the river Witham about 4.30pm yesterday, I had just gone through a gate to get onto the bank when to my left I saw the Barn Owl hunting along the bank coming towards me, I froze and watched it out of the corner of my eye as it got nearer and nearer, it was concentating on hunting so much that it didn't see me until the last minute and came right infront of me only about 3 to 4 yards away, then glided across the river to the other side and continued it's quest for tea. I wished I had my camera with me, but then thought if I had I couldn't have moved to aim it or I would have frightened the owl before it came so close

[JeffH]

Thanks for your comments Witham.

What a nice sighting you had there , and you're absolutely right about Barns Owls often being seemingly oblivious to human presence whilst hunting.

Jeff

[pressld2]

Originally Posted by JeffH

I know that's not terribly helpful Dave but I'm afraid it's the best I can come up with

Well Jeff, considering that my question was basically "how long is a piece of string?" I would say that's a pretty fine answer!

I have decided that I will take a completely passive approach. By this I mean that I will not go anywhere near the nestbox but will continue to visit other parts of the reserve which is, after all, open to the public and crossed by several public footpaths including green chain walk and the Thames cycle path. If, while I'm there, a barn owl happens to fly within range of my camera then I will take photos. But I will not follow it nor attempt to get any closer to it. I will simply stay still and leave it entirely up to the bird what it choses to do.

The chances of seeing them are pretty slim. I was a regular visitor to the site last year while they were raising their 10 chicks and, apart from that one photo, I never caught so much as a glimpse of them.

So, no pressure Jeff, but I'm relying on you to bring a continuous stream of fantastic photos and detailed descriptions of your adventures through the coming year.

Dave P.

[Garden Carpet]

I saw a lovely barn owl sitting in a bush this evening on my way home. Didnt realise what it was till I had passed it. Had I stopped and watched him would I have been breaking the law?
jaki

[m1.carson]

Hi,

Wish we'd known about the schedule 1 and licence last year, my wife regularly saw a barn owl at dusk, then the local industrial units blocked up some of the air vents in the roof, she hasn't seen it since, maybe coincidence.

Max.