HELP- bird nests and the law??

cw · #1 (**permalink**) 09-08-2009, 03:39 PM

Hi all - I have just been hacking away at a hedge in my garden when I noticed a birds nest in the middle of it. It appears to be empty and not in use but I have suspended hedge hacking until I was sure I wasnt going to go to jail for removing it. Anyone know anything about what you can or cant do in this situation??? Thanks for your help.

Jenny W · #2 (**permalink**) 09-08-2009, 03:48 PM

It's illegal to remove/destroy/damage a nest while it is being built or in use, but you can remove them when not in use (out of the breeding season). If it's empty now it is pretty much definite that it will not be used again this year. I've known chicks of species such as Blackbirds fledge in August, but any nests still in use now would have chicks in there.

aeshna5 · #3 (**permalink**) 09-08-2009, 04:09 PM

Quote:

Originally Posted by Jenny W

It's illegal to remove/destroy/damage a nest while it is being built or in use, but you can remove them when not in use (out of the breeding season). If it's empty now it is pretty much definite that it will not be used again this year. I've known chicks of species such as Blackbirds fledge in August, but any nests still in use now would have chicks in there.

Agree with this. I've got an active Blackbird nest in my garden at the moment + I can hear the youngsters + seeing the parents taking in food. This is their 3rd brood- the female is very tame + mobs us for food. She's been nesting in the garden for c4 years now.

cw · #4 (**permalink**) 09-08-2009, 04:44 PM

thanks

Picidae · #5 (**permalink**) 10-08-2009, 12:20 AM

Personally I'd just move the nest (if it's definitely not in use) further back into the hedge that remains after pruning. This covers you just in case the previous occupants come back for another brood with recent weather being what it is, it's not entirely impossible! Also, many birds use the same nest site from previous seasons so they might be deterred from nesting next year if the old nest has gone - my Blackbirds have used the same nest site for several years. Either way, it's still a little early to be removing nests - September is the recommended time to begin serious pruning/nest removal.