Schedule One Question

Hi Andrew

That list looks fine to me. Grasshopper Warbler isn't a schedule one bird I'm afraid.

Hope that helps

Matthew

The list needs updating IMHO! But then again it's probably best to treat everything as if it were Schedule 1 - no bird should ever be disturbed at/near the nest.

You could also take a look at jncc.defra.gov.uk/page-3408 where there's a spreadsheet available to download.  It's not necessarily intuitive, but if you filter on the Wildlife Act & Schedule 1 (columns M & N) you get a list

The Schedule 1 list displayed on the RSPB website is correct. The list does need updating but that would require an act of parliament to amend the 1981 wildlife and countryside act. Schedules 5 (animals other than birds) and 8 (plants) have to be reviewed every 5 years - but this doesn't apply to schedule 1 so the list hasn't been changed since the W&CA was first passed.

Grasshopper Warbler is probably too widespread, and numerous to warrant inclusion on schedule 1, even if the list was reviewed.

As aiki has said though, all species should be treated as if they were on schedule 1, with absolutely no disturbance of nests or young (except where necessary for scientific research etc., that could aid the species conservation).

It wouldn't need the Act itself to be changed, but you're right in that it would need some enthusiasm to do so.  It does make you wonder why plants & animals got the 5 year review but birds didn't - seems a strange decision.  From jncc.defra.gov.uk/.../waca1981_schedule1.pdf

There have also been changes to the species listed in the schedules, through Variations to the

Schedules Orders. There is a statutory five-yearly review of Schedules 5 and 8 (protected wild animals

and plant respectively), undertaken by the statutory conservation agencies and coordinated through

JNCC, but changes to the Schedules can be made by the Secretary of State at any time, if it is

considered necessary because of a threat of extinction or in response to international obligations.

Perhaps the RSPB should draw up it's suggested update to the Schedule and petition the Secretary of State to make the change?

Thank you all so much for your help. I shall certainly download the file Whistling Joe and have a go at filtering it. It seems I was misinformed about grasshopper warblers so thanks Matthew and RoyW for sorting that one out. I knew I could rely on the forum for a fascinating series of responses :)

The problem may be that the provisions in the original act seem to be intended to allow changes to the schedules mainly _'because of a threat of extinction or in response to international obligations'_ and this does not really apply to any species that might otherwise be added to Schedule 1.

IMO there are species that are on schedule 1 that probably no longer need the level of protection that it provides, and there are a number of newly colonising species, or species that might colonise, that should have schedule 1 protection (at least until they become properly established), but there are very few (if any) species that should be added to schedule 1 because declining populations mean that they are at risk of extinction.

A correction to my earlier comment: There has been one change to Schedule 1 - Capercaillie was added by a 2001 Scottish Amendment (this has been included on the RSPB web page).