Is it legal to take a birds nest?

[Samon]

If you find a fallen birds nest, are you allowed to take it home?

I understand there are loads of animal protection laws and many protected species out there. But are their fallen, unusable and exposed nests fair game to take?

Does it depend on the bird species? the usability of the nest?

My dad used to collect bird eggs. He'd blow them and keep them in display cases when he was a kid, this was in the 70's. He also collected nests I think, but never killed the birds or anything.. just nicked the eggs. Is this also illegal? or legal depending on the species?

Thanks in advance for any help.

Samon

 

[Wander]

But are their fallen, unusable and exposed nests fair game to take?

Yes. A nest that is no longer in use, whether fallen or not, can be removed. It is illegal to remove an active nest (though, in contradiction, you can fell a tree or hedge that has active nests in them).
Keep in mind that some birds can nest at any time during the year, especially keeping in mind our topsy turvy weather.

...just nicked the eggs. Is this also illegal?

I must confess to being a little gobsmacked by this question.
The simple answer is, yes - it is illegal to take a wild bird's eggs. ALL wild birds not just protected species.

 

[Broch]

Exactly what he said. And, are you serious? I am very worried that anybody that is interested in the outdoors should need to ask if taking birds eggs is legal!!!

We really don't stand a chance with the rest of the population!

 

[Samon]

If noone asks, how is anyone supposed to know?

And thanks @Wander for the info, I really had no idea. Nor have I or do I intend to take nests or eggs, it was just a question/subject I was asked recently.

 

[Janne]

Birds nests make a good source of firestarting twigs.
But, it is important to check if it is in use.
For the obvious reason, plus for the fact that a nest in use can have fleas and ticks.

So, only take nests in autumn or winter.

Also, remember that many birds make a nest on the ground, so a nest you thought has falled from a tree can in fact be in in the process to be built if you find it in sping.
You should be able to see the difference though.

 

[Janne]

I yhink you need a permit to harvest wild birds eggs?

 

[Broch]

If noone asks, how is anyone supposed to know?

And thanks @Wander for the info, I really had no idea. Nor have I or do I intend to take nests or eggs, it was just a question/subject I was asked recently.

Sorry Samon, good point; I shot from the hip.
How does anyone find out about the law? there's no manual! I recommend A-Z countryside law by Roger Lorton - unfortunately not updated since 2001 but still very relevant and you can get a copy for a few quid.

 

[Laurentius]

Birds nests are sacrosanct. I recently asked the reason why a whole lot of vegetation near me was torn up. I was told that it was to prevent birds nesting there, as once they did, it would be impossible to start building work in the area due to laws about disturbing the nests.

 

[Fadcode]

All birds their nests and eggs are protected by law: the Wildlife & Countryside Act of 1981. This makes it an offence, with certain exceptions, to deliberately take, damage or destroy the nest of any wild bird while it is in use or being built. It is also illegal to take or destroy the eggs of any wild bird.

That said it is still a good valid question, why people are quick to jump on people asking questions beats me, debate is not about everyone being / thinking/ knowing the same but how we can be different in a peaceful way.

 

[daveO]

To expand on Fadcode's law quote: it is illegal to fell a tree with a bird's nest in it or even to trim a hedge if it will disturb a nesting bird. The legal problem is always determining whether someone knew the nest was there as it is the 'deliberate' act of disturbance which is against the law. With building development it is always assumed that due care should be taken and all vegetation professionally surveyed prior to removal but in private gardens etc the law is less rigourously applied.

 

[daveO]

The bird nesting season is given as march through to august inclusive by the way so any time outside of that is fair game to check and clean nest boxes, cut down trees with immunity or pilfer nests for whatever you want to do with them.

 

[Robson Valley]

Every few years, I need to cut a ring or two of 10-15' branches off my spruce trees. 3 trees, maybe 15 branches, 2-4" diameter, maybe 800 - 1,000 lbs.
Late July or August. I wait until I can watch the clumsy young birds in my grape vines with the adults foraging and feeding them.

 

[Fadcode]

The bird nesting season is given as march through to august inclusive by the way so any time outside of that is fair game to check and clean nest boxes, cut down trees with immunity or pilfer nests for whatever you want to do with them.

Just a little clarification, you cannot go around cutting down trees with immunity, nor can you pilfer nests for whatever you want to do with them, care has to be taken to ensure the nests are not used by the same birds each year, and interfering in any way with them would constitute an offence, some trees also have protection orders placed on them, so some care and research is probably advisable, care should also be taken regarding nests built on the ground which are easily trod on, and may appear abandoned but aren't.
obviously nest boxes need cleaning and repairing, but these are usually monitored so you would know the birds have flown.

 

[Janne]

Rooks and eagles are the only birds I know that recycle the nest.
Are there any other?

We have always had bird boxes in our gardens. Used to clean them every autumn. Including dipping in bleach.

Every house should have a couple, placed inaccessible from cats. Birds need all the help they can these days.

Traditionally rooks are/were harvested for food in southern Sweden. To have a rook tree was a huge bonus. They are taken just before they can fly. Tastes similar to Pidgeon.

 

[daveO]

From speaking to ecologists I work with there is no protection for a bird nest outside of the prescribed nesting season unless it is clear that a bird is using it. As the law says the nest must be occupied or being built to be protected. Birds like rooks are an odd case as they can start fixing their nests much earlier than march so it's not always so clear cut. There doesn't seem to be any legal protection for nests that might be reused sadly. It would save a lot of house martins some construction work if there was.

And yes I mean cutting trees down with immunity from the nesting bird law not the countless other laws and moral codes that protect them.

 

[Robson Valley]

Our Robins usually use the same nest although they often add an additional fresh straw and mud layer.
The landscape seems productive enough that they are double-brooded as well.

If there's anybody to mess with nests, eggs and baby birds, it's our BIG Ravens.
They walk around in the trees, killing and eating whatever they can find.

Bumble bees need more protection than the birds do.
Despite there being no crops needing spraying where I live,
I'm told that populations are no more than 20% of what they were a decade ago.
Just from casual observation of diversity, I'm inclined to believe that.

 

[santaman2000]

Rooks and eagles are the only birds I know that recycle the nest.
Are there any other?....

When I was stationed in the UK I lived for a year in a cottage in Filkins. I only discovered the rook nest in the chimney of my fireplace after lighting the fire.

 

[Fadcode]

just in case you may like to read the Act itself,here is the link,

http://www.legislation.gov.uk/ukpga/1981/69/contents

As per usual Acts of Parliament are not what you might say easy to read, but still interesting, different rules for Scotland as usual, obviously to protect the Eagles and other Raptors in that vicinity, basically to stop anyone interfering with the nest sites which are used every year by the same birds,(which usually mate for life), and have severe penalties imposed to stop people messing with them, and in fact searching for them, recently several young eagles have been set free with the hopes of increasing the stocks in Scotland, with the further hope they will eventually start habiting the lake District.
We should all respect our bird population, especially the birds of prey, as one day they will be the only consideration that will stop the depletion of our forests, and the more birds that become protected at all times of the year, the safer the forests will be.

 

[Robson Valley]

Penalties for bird watching. OK.

Adding more birds might not be the brightest of strategies.
The territories may be space related, not a thing to do with food or nesting opportunities at all.
Most of our northern woodpecker species behave like that.
HUGE stretches of bug infested timber = food. Nope. I demand my usual elbow room.

Eagles are opportunists. There's good proof that tagged eagles from New York on the east coast fly to BC for the fall salmon.
Up the Cheakamus river, you see old cottonwood trees with 50+ eagles sitting and crapping, too full of fish to hardly fly.

 

[Broch]

There have been laws in the UK against taking birds eggs since 1880.

However, the law isn't quite as clear cut as the basic statements in the Wildlife and Countryside Act of 1981. A landowner or their authorised representative can obtain a licence to kill or capture wild birds and/or to take and/or destroy their eggs (mainly of pest species) for a number of specific purposes. For example, you can obtain a licence to take mallard eggs for the purpose of hatching them and releasing them later. There is ample information on the Government web sites ( https://www.gov.uk/search?q=birds+eggs ) and on the BASC website ( https://basc.org.uk/shooting/general-licences/ ) about the laws.

We didn't have the benefit of the internet when we were kids but we made sure we knew the law about hunting and foraging before we ventured out. Maybe there is a responsibility on all those that 'persuade' others to enjoy the countryside (course providers, authors and publishers, and even local authorities) to make the laws more well known. But, there is certainly a responsibility on us, as users of the countryside, to research and, wherever we can, abide by the law.