Nesting birds and the law

With nesting season upon us, RSPB England's Beth Markey explains how to navigate this challenging time of year.

Lighter evenings and twittering alarm clocks signal the start of nesting season, when wild birds – and some smaller mammals and reptiles – partner up and build homes to raise their young.

Running between February and August (with a start date that creeps forward as the climate warms), nesting season adds a weighty level of compliance for those whose livelihood interacts with the natural world – arborists, housing developers and the likes.

You see, all wild bird species, their eggs and nests are protected by law. Birds, much like all other animals, have the right to breed in peace, without risk to their home or family. The onus is on us to find ways to conduct activities in ways that do not disrupt nesting birds during this time.

So what is the law?

Wild bird protections in brief

Under the Wildlife & Countryside Act 1981, it is considered breaking the law if a person…

• Intentionally kills, injures or takes wild birds
• Intentionally takes, damages or destroy a wild bird’s nest while it’s being used or built
• Intentionally takes or destroys a wild bird’s egg
• Possesses, controls or transports live or dead wild birds, or parts of them, or their eggs
• Sells wild birds or puts them on display for sale
• Uses prohibited methods to kill or take wild birds
• Intentionally or recklessly disturbs any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturbs the dependent young of such a bird

The consequences for the above, even in the event of harm to a single bird, nest or egg, is an unlimited fine, up to six months in jail or both. Suffice to say, it is certainly not a risk worth taking.

Obtaining a license

Extreme circumstances sometimes dictate that there is no other option but to disrupt a wild bird during nesting season. In instances of threats to public health and safety, or air safety, for example, the impact of sticking to those guidelines must be weighed up and, where deemed necessary, a license will be granted.

What is a Schedule 1 species?

Wild birds are categorised into different ‘Schedules’, each of which comes with its own set of regulations. These Schedules stretch from one to four, with Schedule 1 species receiving the tightest of protections. Birds like bitterns, barn owls and ospreys fall under this banner as well as other species that are low in numbers, threatened or in decline.

Whilst the welfare of all wild birds must be considered at all times, it is of increased importance for Schedule 1 species. Intentionally disturbing the nesting area of a Schedule 1 species carries hefty fines and a jail sentence of up to six months.

If you see someone destroying an active nest during nesting season, or committing a wildlife crime, please contact the non-emergency police number on 101 and report it.  

Where might you see nests?

Some species, like ravens and crossbills, kick off nesting season from the earliest opportune moment, whilst others, like woodpigeons, wait until the weather is in their favour. Many birds in the passerine (perching) family will have several clutches throughout nesting season.

With so many species spanning a huge range of behaviours, you can expect to find nests in most places, from roof rafters and lofts to fields, forests and hedges throughout nesting season. The tell-tale sign is often the chattering of birds as they sing to attract mates, communicate or defend their territory.

Nonetheless, it’s safe to assume that any outdoor space, particularly wild areas, could house breeding birds – birdsong or not, always check.

How to know if a nest is active

A nest is considered active if it is in use or being built. The moment it becomes active, it is illegal to destroy it. Unfortunately, it’s not uncommon for a bird to use a nest once and then never return to it, making it incredibly tricky to tell if it is still in use or not.

If you see a nest, your best bet is to err on the side of caution and assume that it is active.

Finding a baby bird

Throughout spring and summer, baby birds on the ground outside their nest is a frequent, and often distressing sight. But more often than not there’s no reason to be worried.

Nestlings

Nestlings are easily identified by their lack of feathers or a fluffy down. Sometimes nestlings fall out by accident and in these instances it’s okay to gently pick them up and put them back but only if they appear strong and healthy. In some cases, a parent will reject a less healthy chick in order to focus its attention on the ones with a higher chance of survival.

If the nestling isn't in good shape, take it to your nearest vet or RSPCA centre.

Fledglings

On the whole, a fledgling outside of its nest is not a cause for concern. It’s simply doing as nature intended and preparing to make its own way in the world. Most fledglings will spend a day or two on the ground waiting for their flight feathers to grow – the exception being swifts, swallows and house martins, which fly straight from the nest.

If you see a fledgling in a dangerous situation, such as on the road or a footpath, move it a short distance to a safer spot but make sure it is within hearing range of its parents. If you think that a fledgling has been injured or abandoned, your next port of call should be the RSPCA.