‘Schedule 1’ generally refers to birds and their young, for which it is an offence to intentionally or recklessly disturb at, on or near an ‘active’ nest
The best way to understand disturbance, whether intentional or reckless (ie pursuing a course of action while consciously disregarding the fact that the action gives rise to a substantial and unjustifiable risk), is to think that it includes any action that causes a nesting Schedule 1 bird to behave differently to how it would behave if that individual wasn’t there.
This includes getting too close and flushing, alarming, or causing a nesting bird listed on Schedule 1 to stop what it was doing; and/or using a recording/tape lure that causes a nesting bird listed on Schedule 1 to react in any way at all – whether that behaviour is a ‘normal’ response to hearing the call or not.
It is not an excuse for a person to claim that they thought that no nesting activity was taking place
In basic terms if an individual does anything that intentionally or recklessly causes any of the birds listed below (whether a nesting adult or young in the nest) to change behaviour then that individual is breaking the law
For information on the law and photographing Schedule 1 birds please go here
List affecting Avon:
Avocet
Bittern
Bittern, Little
Corncrake
Crake, Spotted
Crossbill (all species)
Firecrest
Garganey
Godwit, Black-tailed
Goldeneye (Close season)
Grebe, Black-necked
Greenshank
Gull, Mediterranean
Harriers (all species)
Hobby
Kingfisher
Kite, Red
Merlin
Osprey
Owl, Barn
Peregrine
Pintail (Close season)
Plover, Little Ringed
Quail, Common
Redstart, Black
Ruff
Sandpiper, Green
Bittern
Bittern, Little
Corncrake
Crake, Spotted
Crossbill (all species)
Firecrest
Garganey
Godwit, Black-tailed
Goldeneye (Close season)
Grebe, Black-necked
Greenshank
Gull, Mediterranean
Harriers (all species)
Hobby
Kingfisher
Kite, Red
Merlin
Osprey
Owl, Barn
Peregrine
Pintail (Close season)
Plover, Little Ringed
Quail, Common
Redstart, Black
Ruff
Sandpiper, Green
Sandpiper, Purple
Sandpiper, Wood
Scaup
Shrike, Red-backed
Spoonbill
Tern, Black
Tern, Little
Tit, Bearded
Warbler, Cetti’s
Warbler, Dartford
Whimbrel
Woodlark
Wryneck
Sandpiper, Wood
Scaup
Shrike, Red-backed
Spoonbill
Tern, Black
Tern, Little
Tit, Bearded
Warbler, Cetti’s
Warbler, Dartford
Whimbrel
Woodlark
Wryneck