Schedule 1 licence query

[bob hastie]

Hi all,
Yesterday morning I was sat photographing some local dippers that I have been watching for a few weeks now when a kingfisher landed on the branches of the tree I was sat behind. The kingfisher then proceeded to hover within 15 feet of me allowing me to get several good shots of it. As far as I know the kingfishers are not nesting in the immediate area, in fact this is the first time I have seen one at this point on the river.
My question is should I technically have had a schedule 1 licence as the kingfisher would have been within its territory and it is during the nesting period?

Bob

[almostnormal]

whilst a bit rusty on this, i think, as far as i can remeber as long as you aren't either a) photographing the nest or b)deliberately disturbing the birds to get good shots you're ok. particulalry as you weren't actually intentionally looking for the kingfishers. hope that helps!

[Chalk Downlanders]

Due to my love of photography and nature, I often find myself in a very similar position. Is there a web site that explains in easy to understand terms what you can and cannot do?

[glsammy]

You only need a license if you wish to photograph at or by an active nest site. The one to let you know the full details is JeffH. He has a license, and is doing an fascinating diary on the nesting activities of a pair of these superb birds.

[JeffH]

Hi Bob

As Graham says, I currently hold a Schedule 1 Licence to photograph a pair of nesting Kingfishers I've been monitoring for several weeks now.

I'm pleased to hear you managed to get some good shots of the one you saw - are they on the Gallery yet?

As to your question - don't worry - from what you've said you've clearly done nothing wrong.

The Wildlife and Countryside Act 1981 (as amended by the Environmental Protection Act 1990) makes it a criminal offence to "intentionally or recklessly" disturb a Schedule 1 protected species "while it is building a nest or is in, on or near a nest containing eggs or young" or to disturb dependent young of such a bird. You'll note that it is not photography in itself that creates the offence, but intentional or reckless disturbance. Having said that, a Schedule 1 licence can be obtained from Natural England and this authorises the holder to disturb the birds at or near the nest, etc for the purpose of photography.

The legislation does not define "near" but I very much doubt that in this context the term could possibly mean the whole of the bird's nesting territory. It must, I think, mean within the immediate nesting area. In any case, for there to be an offence the bird must be disturbed and the disturbance must be intentional or reckless - it seems clear from the fact that the bird stayed so close to you and that it approached your position (rather than you approaching it) that you could not possibly be said to have disturbed it intentionally or recklessly, even if the nest was nearby and you had stumbled across it unwittingly.

However, had you known where the nest is and approached it with the intention of taking photographs, that would have been different and without a Schedule 1 Licence you would have been in danger of committing an offence.

I hope that helps and is reassuring.

As for Chalk Downlanders question, full details of Wildlife Licences and Permits, etc are available on Natural England's website - Natural England

JeffH

[Chalk Downlanders]

Thanks Jeff, I will look at that site tomorrow.

[bob hastie]

Hi folks
I've just uploaded what I consider to be the best image in the sequence so will post it here tomorrow (assuming it clears the Gallery mods, better do, I think its some of my best work yet)
Thanks for all the advice re the licence, I had read all the information I could find on this subject but the wording seems vague to say the least especially the word "near." I can fully understand the need for this vagueness in this type of legislation, no 2 situations would ever be the same therefore a set distance ie 100 meters wouldn't work in all cases.
I thought I was ok in this case as I hadn't intentionally disturbed the bird.
One thing I would like to know though is what is the legislation regarding footpaths, if a schedule 1 bird is nesting say 20m from a footpath is it then legal to photograph it from there or should the path be closed to all for the duration of the nesting period. (This is purely a hypothetical question)

Bob

[JeffH]

[quote=bob hastie;117603]Hi folks
I've just uploaded what I consider to be the best image in the sequence so will post it here tomorrow (assuming it clears the Gallery mods, better do, I think its some of my best work yet)

One thing I would like to know though is what is the legislation regarding footpaths, if a schedule 1 bird is nesting say 20m from a footpath is it then legal to photograph it from there or should the path be closed to all for the duration of the nesting period. (This is purely a hypothetical question)

Bob


Hi Bob

I'm really looking forward to seeing your image later today when it's been moderated.

As for your question about footpaths, as I understand it the issue of right of access simply has no bearing on the protective legislation in the Wildlife and Countryside Act. In other words, whatever your rights to be there (and even if you own the land on which the nest is situated!), if you intentionally or recklessly disturb a Schedule 1 species at or "near" (whatever that means ) its nest and whether for the purpose of photography or some other purpose, you will be committing an offence.

As for the matter of footpath closure, I presume that would be a matter for the local authority but would hope that once the presence of a nesting Schedule 1 species became known to the local bird club, RSPB Group, Wildlife Trust, Natural England or whatever, steps would be taken to temporarily close or divert the path if disturbance was likely to be a problem.

JeffH

[bob hastie]

Here it is. What do you think of the square crop?



Bob

[JeffH]

Just seen it on the Gallery. I think it's a great shot and I love the background and the square crop.

I've made numerous attempts to catch one of our local pair hovering but so far the images have all been rubbish and certainly not worthy of putting on this site. So well done Bob for making the most of your one-off opportunity.

Jeff