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KOS guidelines regarding Wild Breeding Birds

The Law and Codes of Conduct.

Please abide by the Law at all times and adhere to the Birdwatchers' Code of Conduct and Country Code.

All wild birds with certain exceptions have Legislation that protects them, in particular: Section 1 of the Wildlife and Countryside Act 1981 (as amended by Schedule 12 of the Countryside and Rights of Way Act 2000).

Rare species listed in Schedule 1- Part 1, are given further protection, including special increased penalties under Subsection 1(5) As amended by the CROW Act 2000.

During the breeding season, details of rare wild birds arrival, presence and location, is highly sensitive information (especially where known or potential breeding habitat is concerned). This knowledge can assist egg thieves who have serious intent to harm birds and commit criminal offences. Remember that bird information services are not always aware of local situations and circumstances.

If still in doubt after familiarising yourself with all the information provided, please do not hesitate to ask your local area recorder, before reporting news on KOSnet or elsewhere. Local area recorder contact details are provided in the Kent Bird Report and on the KOS Website.

For more information regarding the reporting of records please refer to the Kent Bird Report 1999, section titled: 'Records and Information required' (page 193).

Officers of the Kent Ornithological Society may occasionally request sensitive records information, but they will always make it known that the information is being requested on behalf of the Society. All such requests and subsequent communications should be made privately.

Thank you for your kind consideration of all the above.

'Wild Birds And The Law' a plain guide to bird protection today, produced by the RSPB Investigations Section, is a useful source of information. If you would like a copy please write to: The RSPB Investigations Section, The Lodge, Sandy, Bedfordshire.SG19 2DL. Telephone: (01767) 680551.

If you have information regarding egg thieves and/or Rare Breeding Birds, please contact the RSPB Species Protection Warden at the RSPB Office: (01797) 320588 or e-mail: mark.thomas@rspb.org.uk

Records and Information Required (extract from the Kent Bird Report 1999, Page 193)

The KOS is aware that some sites in the county are sensitive, whether because they are on private land, have access problems, cannot support a large influx of birdwatchers to see a rarity or because local birdwatchers do not want a site publicised. As a general policy the KOS respects the wishes of observers to keep either and/or individual records confidential, and many records, particularly of rarer breeding birds, are published in a general way so as to protect the identity of a site.

The KOS does urge, however, that these records are sent into the KOS, clearly marked that they are provided on a confidential basis, otherwise there is a real danger that such records will be 'lost.' The KOS does provide information about threatened sites to conservation bodies, and if full information is not available there is a possibility that this lack of information could jeopardise individual sites.

Breeding Wild Birds and in particular Rare Breeding Wild Birds (Schedule 1).

Section 1 of the Wildlife and Countryside Act 1981 as amended by Schedule 12 of the Countryside and Rights of Way Act 2000 is concerned with the protection of wild birds, their nests and eggs. Subsection 1(1) creates the offences of Killing, injuring, or taking ANY wild bird; taking, damaging or destroying the nest of ANY such bird while in use or being built, or taking or destroying an egg of ANY such wild bird.

Note: The Wildlife and Countryside Act does not cover the following game birds; pheasant, partridge, black grouse, red grouse, and ptarmigan. (These species are covered by the Game Acts.)

b. Takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or

Section 1 of the Wildlife and Countryside Act 1981 as amended by schedule 12 of the Countryside and Rights of way Act 2000 concerns the protection of wild birds, their nests and eggs. Subsection 1(5) creates the offences of disturbing any wild birds or their young while they are building their nests or while they are near the nest and it contains young or eggs.

a. Disturbs any wild bird included in schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or

For the purpose of this offence 'Any wild bird' means any bird included in Schedule 1.

Imprisonment not exceeding 6 months, or a fine or both. Where an offence is committed in respect of more than one bird, nest, egg, or other thing, the maximum fine, which may be imposed, shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg or other thing.

Avocet
Bee-eater
Bittern and Little Bittern
Bluethroat
Brambling
Bunting, Cirl, Lapland and Snow Bunting
Buzzard, Honey
Chough
Corncrake
Crake, Spotted
Crossbills (all species)
Divers (all species)
Curlew, Stone
Divers (all species)
Dotterel
Duck, Long-tailed
Eagles, Golden and White -tailed
Falcon, Gyr
Fieldfare
Firecrest
Garganey
Godwit, Black-tailed
Goshawk
Grebes, Black-necked and Slavonian
Greenshank
Gulls: Little and Mediterranean
Harriers (all species)
Heron, Purple
Hobby
Hoopoe
Kingfisher
Kite, Red
Merlin
Oriole, Golden
Osprey
Owls, Barn and Snowy
Peregrine
Petrel, Leaches
Phalarope, Red-necked
Plovers, Kentish and Little Ringed
Quail, Common
Redstart, Black
Redwing
Rosefinch, Scarlet
Ruff
Sandpipers, Green, Purple and Wood
Scaup
Scoters, Common and Velvet
Serin
Shorelark
Shrike, Red-backed
Spoonbill
Stilt, Black-winged
Stint, Temmincks
Swans, Bewick and Whooper
Terns, Black, Little and Roseate
Tits, Bearded and Crested
Treecreeper, Short-toed
Warblers, Cetti's, Dartford, Marsh and Savi's
Whimbrel
Woodlark
Wryneck

Copies; of the Wildlife and Countryside Act 1981 and the Countryside and Rights Of Way Act 2000 (aka CROW Act) can be obtained from Her Majesty's Stationery Office. 49 High Holborn, London. WC1V 6HB. Telephone number 0870 6005522.

Today's birdwatchers are a powerful force for nature conservation. The number of those of us interested in birds rises continually and it is vital that we take seriously our responsibility to avoid any harm to birds. We must also present a responsible image to non-birdwatchers who may be affected by our activities and particularly those on whose sympathy and support the future of birds may rest. Here are 10 points to bear in mind.

Welfare of birds must come first. Whether your particular interest is photography, ringing, sound recording, scientific study or just birdwatching, remember that the welfare of the bird must always come first.

Habitat protection. Its habitat is vital to a bird and therefore we must ensure that our activities do not cause damage.

Keep disturbance to a minimum. Birds' tolerance of disturbance varies between species and seasons. Therefore, it is safer to keep all disturbance to a minimum. No birds should be disturbed from the nest in case opportunities for predators to take eggs or young are increased. In very cold weather disturbance to birds may cause them to use vital energy at a time when food is difficult to find. Wildfowlers already impose bans during cold weather: birdwatchers should exercise similar discretion.

Rare breeding birds. If you discover a rare bird breeding and feel that protection is necessary, inform the appropriate RSPB Regional Office, or the Species Protection Department at The Lodge. Otherwise it is best in almost all circumstances to keep the record strictly secret in order to avoid disturbance by other birdwatchers and attacks by egg-collectors. Never visit known sites of rare breeding birds unless they are adequately protected. Even presence may give away the site to others and cause so many other visitors that the birds may fail to breed successfully.
Disturbance at or near the nest of species listed on the First Schedule of the Countryside and Rights of Way Act 2000 is a criminal offence.

Rare migrants. Rare migrants or vagrants must not be harassed. If you discover one, consider the circumstances carefully before telling anyone. Will an influx of birdwatchers disturb the bird or others in the area? Will the habitat be damaged? Will problems be caused with the landowner?

The Law. The bird protection laws, as now embodied in the Wildlife and Countryside Act 1981, are the result of hard campaigning by previous generations of birdwatchers. As birdwatchers we must abide by them at all times and not allow them to fall into disrepute.

Respect the rights of landowners. The wishes of landowners and occupiers of land must be respected. Do not enter land without permission. Comply with permit schemes. If you are leading a group, do give advance notice of the visit, even if a formal permit scheme is not in operation. Always obey the Country Code.

Respect the rights of other people. Have proper consideration for other birdwatchers. Try not to disrupt their activities or scare the birds they are watching. There are many other people who also use the countryside. Do not interfere with their activities and, if it seems that what they are doing is causing unnecessary disturbance to birds, do try to take a balanced view. Flushing gulls when walking a dog on a beach may do little harm, while the same dog might be a serious disturbance at a tern colony. When pointing this out to a non-birdwatcher be courteous, but firm. The non-birdwatchers' goodwill towards birds must not be destroyed by the attitudes of birdwatchers.

Keep records. Much of today's knowledge about birds is the result of meticulous record-keeping by our predecessors. Make sure you help to add to tomorrow's knowledge by sending records to your county bird recorder.

Birdwatching abroad. Behave abroad as you would at home. This code should be firmly adhered to when abroad.

Well-behaved birdwatchers can be important ambassadors for bird protection!