CONSERVATION & ECOLOGY
Birds of prey and the law
The Wildlife and Countryside Act 1981 is the primary legislation which protects animals, plants and habitats in the UK.
Under the Wildlife and Countryside Act, a wild bird is defined as any bird of a species which is resident in or is a visitor to the European Territory of any member state in a wild state.
Game birds however are not included in this definition (except for limited parts of the Act). They are covered by the Game Acts, which fully protect them during the close season.
Basic protection
All birds, their nests and eggs are protected by law and it is thus an offence, with certain exceptions to:
• Intentionally kill, injure or take any wild bird
• Intentionally take, damage or destroy the nest of any wild bird while it is in use or being built
• Intentionally take or destroy the egg of any wild bird
• Have in one’s possession or control any wild bird, dead or alive, or any part of a wild bird, which has been taken in contravention of the Act or the Protection of Birds Act 1954
• Have in one’s possession or control any egg or part of an egg which has been taken in contravention of the Act or the Protection of Birds Act 1954
• Use traps or similar items to kill, injure or take wild birds
• Have in one’s possession or control any bird of a species occurring on Schedule 4 of the Act unless registered, and in most cases ringed, in accordance with the Secretary of State's regulations.
• Intentionally or recklessly disturb any wild bird listed while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.
Fines
Penalties that can be imposed for criminal offences in respect of a single bird, nest or egg contrary to the Wildlife and Countryside Act 1981 is an unlimited fine, up to six months imprisonment or both.
For further information
For detailed information, it is advisable to consult the Act itself, which you can find on the UK Legislation website (
www.Legislation.gov.uk).
Please also note that, because of devolution, there are now some significant differences in the law between the constituent countries of the UK.
114 PC February/March 2019
to numerous other birds. Sadly, birds of prey share many habitats that we humans like to utilise for ourselves. Whether it be the lowlands, uplands or forests, there is always something we want, usually to shoot, or to rear animals purely for shooting. Because of this, raptors of the UK find themselves the main competition for some individuals in our society. Raptor persecution is a vendetta that almost feels like a right of passage within some social groups. The reasons individuals object to raptors are no longer ‘reasons’ but excuses; excuses that mask a deeper hatred for these magnificent birds. It’s been going on for centuries, and has been illegal for decades. The rate of crime however, is still alarmingly high.
How do we bring the culprits to task?
Well, how long is a piece of string? Until the deterrents are stronger, the punishments greater and the public more aware, this age- old problem will not go away.
How can you help?
Many greenkeepers and groundsmen will be working in rural areas and will have an understanding of what is going on around them.
Apart from the obvious use of bird boxes - for barn owls and kestrels especially - maintaining your grounds in an ecological manner to attract small mammals and insects will help to keep our raptors supplied
It’s been going on for
centuries, and has been illegal for decades. The rate of crime however, is still alarmingly high
” The piercing eyes of the Eurasian eagle owl
Falconry is still a popular pastime in the Middle East, where birds can change hands for up to £200,000
with a readily available food source. Not only will you be helping out the UK’s raptors, your members/students/end users will enjoy seeing these wonderful specimens going about their daily work. It is vitally important that you note any change to sightings. Has a buzzard or red kite suddenly disappeared? What happened to that kestrel you used to see every day? Where did that barn owl go?
If something seems suspicious, please report it. You can do this simply enough by using the RSPB’s ‘Report a wildlife crime’ page on their website (
https://www.rspb.org.uk/birds-and- wildlife/advice/wild-bird-crime-report-form/). It will only take a few minutes to complete. You should also inform your local police if you believe a crime has been committed. This obviously applies to all wildlife protected by law, not just birds of prey. Remember, to kill a bird of prey is a crime committed by humans against nature. That the perpetrators feel able to continue to carry out these appalling acts is a sorry indictment of the current state of affairs.
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