Green Wildlife Photography Tip: Know Your Rights
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Did you know that it is illegal in the UK for you to take a close-up photo of a baby barn owl?
This little known law is part of the Wildlife & Countryside Act (1981) where there is a list of species that receive full protection of the law – and this protection includes reducing the disturbance of the nesting young or recently fledged young of all the species on it – and this includes Barn Owls.
It also includes other seemingly random species such as Brambling, Fieldfare, Firecrest, Kingfisher, Bewick’s Swan and even the little Crested Tit!
All these species are among the 80+ protected wild bird species that frequent the UK, which can be native or just passing through.
There is, of course, already a law to protect all wildbirds from being intentionally injured, killed or taken from the wild – and the same goes for their eggs – but there are some exceptions.
In the case of the Barn Owl and the Kingfisher – they are for greater protection; whereas in the case of the Mallard or Woodcock – it means lesser protection at certain times!

photo credit: U. S. Fish and Wildlife Service – Northeast Region
These schedules also cater for captive-bred ‘wild bird’ species such as birds of prey and other more common species such as Magpies, Blackbirds and Goldfinches. And also the sale of wildbirds that have been killed legally and the rehabilitation of injured birds.
Game birds are not covered by these particualar laws however, but are covered under the separate Game Bird Act, which fully protects them outside of the Open Season.
The Bird Schedules:
There are 4 such catagories (which may have several parts) which cover those endangered birds to be protected as well as those species which can be killed or sold, and they lay out as follows:
Schedule 1: Full protection at all times (or during the close season for a specific 4 species). To get close to young, nesting or breeding birds in this list – you will need a licence (or you can visit them in specific reserves).
Schedule 2: Birds which may be killed or taken outside of the close season only – but not sold – basically to be killed to protect crops or other interests or to be killed for food or for sale as per Schedule 3.
Schedule 3: Birds which may be sold; either dead at specific times, or alive if captive bred and legally ringed. These include certain ducks and wood pidgeons to be sold dead; and siskins, song thrushes and other ‘garden’ birds that can be kept as ‘pets’ and displayed at bird shows.
Schedule 4: Captive Bred birds which must be registered and ringed if in captivity (mainly raptors). These birds need to be registered and you must have genuine proof of breeding and hatching. If you find an injured bird that happens to be listed on Schedule 4 – even if you intend to re-release it shortly – you should inform the appropriate authority as they may need to be registered.

photo credit: luc.viatour
Your Actions:
So next time you see the opportunity to photograph any nesting bird – think about what that means.
If they have made a law that specifically prevents human from getting close enough to a Schedule 1 species – as it would disturb them – think again for all birds and other wildlife!
If they think that getting that close could prevent birds from nesting at all or may make them to abandon existing young – then what harm are you doing being that close to any species?
Even with the fantastic zooms on cameras these days – you still have to be quite close to get a great shot – so what if you got a great shot of a nest, but after you left all the young starved to death after you had scared the parents off!
When trying to film or photograph nesting birds – or any birds really – it is best to set up a hide (or use one at a reserve). Birds get used to them and so aren’t so affected by all the keen photographers snapping away at them. And some reserves set up hides to be really close to the action just for this reason.
So, if you are going to enter a photgraphic competition with your nest shot – make sure it’s not a Schedule 1 species – otherwise they may ask to see your licence………. and I’m sure you don’t want the associated £5000 fine and accompanying prison sentence instead of first prize!




















