Bird Photography and the Law

A few years ago I came across a document on the RSPB Website called Bird Photography and the Law. It lists the considerations that apply when photographing birds at the nest and also lists...

"Birds that are protected by special penalties and that may not be photographed at or near a nest without a licence"

I downloaded a copy and made it available on my Website (new window).

In early 2010 I noticed that the document had been moved or removed from the RSPB Website, so I contacted the RSPB and asked if the document had been updated. I was referred to the frequently asked question: "Is it okay to photograph birds at their nests?" (now removed). This page in turn referred me to The Schedules.

The reason I copied the original document to my Website is that I know from experience that pages / documents are frequently moved or removed, so links become dead. I hope when you read this that the above links are still alive. If not, please let me know.

As far as the bird photographer is concerned, nothing much has changed. Schedule 1 breeding birds are still protected by law and you need a licence to photograph them at or near the nest. The list of...

"Birds and their young, for which it is an offence to intentionally or recklessly disturb at, on or near an 'active' nest"

...remains the same with the exception of the Capercaillie (Scotland only), which has been added.

Schedule1 is now split into two sections. Three species - Goldeneye, Greylag Goose, and Pintail – have been moved from the original list (the original list now forming Part I of Schedule 1) to Part II of Schedule 1. These species are protected along with other Schedule 1 Part I species during the breeding season, but may be killed or taken at other times of the year.

Schedules 2 to 4 are not of particular interest to photographers, as they list those species that can be killed, sold alive, sold dead, and kept in captivity.

So, in summary, when taking photographs, the welfare of birds must always come first, regardless of whether the bird is protected under Schedule 1. To photograph Schedule 1 breeding birds you will need a licence. Make sure you check the Schedule 1 list before planning a shoot of breeding birds.