She is certainly not allowed - it's an offence to knowingly disturb any breeding bird, magpies included.
Our herring gulls are red listed birds. Think about that the next time you hear some flaming idiot calling for a cull of them.
As Clare says, disturbing the magpies whilst nesting would be illegal and even trapping them probably not permissible either.
The RSPB has a page that talks about this
www.rspb.org.uk/.../legal_control_methods.aspx
As there is no evidence that magpies are harming garden species, it would appear the justification for trapping is questionable too.
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Hi SB, I have huge problems with Magpies. I can't put down any food for the smaller ground feeders and I would so much love to supply a live food supply for the nesting song birds. However Magpies, much to their credit, are the quickest to eat anything I put out. I have also seen a Magpie trap and kill a song bird in my garden. However there is no justification for removing or damaging a nest or doing any harm to these resourceful birds. I may find them a problem, but they are part of the food chain and deserve our protection in the same way as any other bird. It is not only illegal behaviour but very cruel.
bye for now
To be honest this relentless persecution of magpies and other corvids makes me really angry - if we went after every species of bird which ever preyed on smaller birds we would have no corvids, no large gulls, no birds of prey and even no great spotted woodpeckers. Oh, and cuckoos would be really stuffed.
Many thanks for supporting what I really already thought - I am livid and am waiting for actual visual evidence. I already told her last year they were protected and it was nature taking its course if they kill small birds. She seems to think that what she does not see does not happen - ie she has them removed by a local gamekeeper to woods!
think we all know what a gamekeeper will do
Ray
a good laugh is better than a tonic
Just to clarify here, it is a criminal offence under the 1981 wildlife and countryside act to intentionally take, damage or destroy the active nest of any wild bird, an active nest is a nest that is being constructed or containing eggs/chicks. Disturbance at or around a nest site is only illegal for Schedule 1 species.
The trapping of Magpies in gardens using larsen traps is a grey area, under the General License these birds can be trapped and moved/dispatched to help conserve other native flora and fauna so some will argue they are doing it in their garden to protect their garden birds - for us this is not really appropriate and if called to justify this action in a court of law the owner of the trap would need to scientifically prove what they are doing.
It is worth noting that the 'General Licence', which allows landowners to trap or kill certain species for the conservation of fauna and flora, does allow Magpie nests and eggs to be destroyed.
However, specific requirements have to be met and it is highly unlikely that "protecting song birds" in a residential garden meets the terms and conditions set out for the license.
Most importantly, even with a justifiable reason for destroying a nest, the license can ONLY be used by the landowner or by someone they have authorised. Without your permission to destroy the nest your neighbour is breaking the law regardless of any other considerations.
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Good point Roy and would the entering of your garden and climbing your tree also count as tresspassing?!