Guest blog by Roisin Kearney, RSPB NI Assistant Conservation Officer.
Throughout the spring and summer months, birds are busy building nests and raising chicks. We receive many queries about nest disturbance, particularly where it concerns hedge cutting. The law around nest disturbance in Northern Ireland can be a complicated business, so here is a brief Q&A to bring you up to speed.
Where does the law stand?
Birds nesting in Northern Ireland are legally protected under the Wildlife (Northern Ireland) Order 1985 (as amended). Under this legislation, it is illegal to intentionally or recklessly take, damage or destroy an active nest or its contents.
Once the bird has finished using the nest it is considered inactive and can be removed if needs be, unless it is a Schedule A1 species – these nests are protected all year round. These include species such as Barn Owls, Peregrines and Red Kites.
Are there any exceptions to this?
Problem species such as pigeons and magpies – and their nests and young - can be controlled under a general licence for reasons including public safety, to prevent the spread of disease or to prevent damage to livestock or foodstuffs.
Nests within vegetation which is encroaching into a road or close to a powerline can be removed by the authorities where there is an overriding safety concern that could not have been addressed at a more appropriate time of the year.
Are there any other regulations around hedge cutting?
Farmers who participate in agri-environment schemes or who are in receipt of Less Favoured Area payments are not permitted to cut hedges between 1 March and 31 August. In order to receive this support, farmers must ensure that their land is managed in Good Agricultural and Environmental Condition (GAEC) and under this, hedge cutting, coppicing or laying during this period is not permitted except by prior written permission from the Department of Agriculture and Rural Development (DARD).
What does the RSPB say?
The RSPB recommends that people avoid hedge and tree cutting between 1 March and 31 August in order to prevent any potential impact on breeding birds, and to help prevent people from breaking the law unknowingly.
What should I do if I witness nest disturbance?
If you feel comfortable, you can inform the people carrying out the work and provide them with this advice. If not, and you suspect that a crime has been committed, you should contact your local PSNI station immediately on 101. Explain that you believe a crime is taking place, contrary to the Wildlife (NI) Order, and make sure you include details of location, time, date, who you suspect is involved and any other information which could help the police (for example photos). Be sure to ask for the Police ‘Command and Control’ reference number for your records.