Beware early nesting birds!

Beware early nesting birds!

Posted in: Birds, Protected Species, Surveys and Assessment
Date posted: 30 January 2016

Beware early nesting birds!

Although no legal definition exists, there is general acceptance that the breeding season for birds in the UK is the period March to August inclusive (see Defra’s advice in relation to hedgerow management here), although March to July is also frequently quoted as being the main nesting season.

In practice, some species breed outside this period and therefore caution must always be exercised to avoid any offences under the Wildlife and Countryside Act 1981 (as amended), the primary legislation which gives legal protection to nesting wild birds.  The Act makes it an offence (with the exception of species listed in Schedule 2) to intentionally:

  • kill, injure, or take any wild bird;
  • take, damage or destroy the nest of any wild bird while that nest is in use or being built;
  • take or destroy an egg of any wild bird.

Special penalties apply to offences relating to rare breeding birds listed in Schedule 1 of the Act, for which there is an additional offence of disturbing these birds at their nests, or their dependent young.

Avonmouth Docks 15.02.2007 007

Species most likely to start breeding before March in the UK include the following:

Crossbill: nests mainly in conifer plantations; the timing of the breeding season coincides with abundance of pine seeds and may commence as early as December

Grey Heron:  nests in tall trees, more usually with other herons; the earliest clutches are laid in the middle of February

Mallard: normally nests close to water, but on dry land; nests are usually very well hidden; the earliest birds nest in February, sometimes in January, more rarely in December

Moorhen: nests are typically found in freshwater habitats including ditches, streams and canals, usually in emergent vegetation; the first clutches are normally laid in March but much earlier nests are sometimes reported

Raven:  formerly restricted to upland areas but now expanding its range to lowland farmland, quarries and urban sites; typically a cliff nester (on a ledge or in a recess), but buildings, trees and man-made structures such as pylons will also be used; the earliest clutches are laid from mid to late February

Tawny Owl:  nests are most frequently found in deciduous woodland (in tree cavities and nest boxes), but also in suburban gardens; the earliest clutches are from mid to late February

In addition, collared dove, stock dove and woodpigeon all have rather protracted breeding seasons and it is not unusual to encounter early nests in February as well as late nests in September or October. It is a common misconception that collared dove and woodpigeon (together with crows, jackdaws, jays, magpies and rooks) are immune from the legislation protecting wild birds. This is only true under very specific circumstances which do not include nuisance or development. Therefore any development-related activities, including habitat works such as scrub clearance or tree felling, must take full account of the presence of all nesting bird species.

 

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