Scoping for Schedule 1 surveys
Introduction
All wild birds are protected and those species commonly referred to as “Schedule 1” birds are protected by special penalties. Whilst it is an offence in Northern Ireland to disturb any wild bird whilst it is building a nest or is in, on or near a nest containing eggs or young or when it has dependent young; in England, Scotland and Wales, disturbance is an offence only in relation to species included on Schedule 1. It is also an offence to disturb a breeding bird if it is a feature of a Site/Area of Special Scientific Interest (SSSI/ASSI).
In some cases species are included in Schedule 1 because they breed in very low numbers or breed only occasionally (e.g. purple heron and Savi’s warbler) and the population is therefore sensitive to reproductive failure. Others species included in Schedule 1 are less scarce but are commonly exposed, and vulnerable, to human activity (e.g. barn owl and kingfisher).
Consideration should be given to any requirements for specific surveys of Schedule 1 species (over and above a standard survey of breeding birds). Occasions when species specific surveys may be required include the known or suspected presence of Schedule 1 species with a low detectability as a result of either: 1) Their ecology (e.g. hobby which nests in late summer and may therefore be missed during the typical survey period); or 2) Their nesting habitat (e.g. spotted crake, bittern and bearded tit which nest in reed beds and therefore may be easily missed using typical survey methodologies).
When do I need a licence ?
In the majority of cases it is unlikely that a licence will be required when undertaking a survey of breeding, or non-breeding, birds (habitats or other species groups). For example, a licence is not required to survey Schedule 1 birds from an appropriate distance with a telescope, as long as there is no foreseeable risk of disturbance. It is considered a reasonable precaution before undertaking a survey to use existing published information on the timing of breeding and disturbance distances, especially those published in guidance by Statutory Nature Conservation Organisations (e.g. Goodship and Furness, 2022) to make a professional judgement on when there is a foreseeable risk of causing disturbance and therefore when a licence may or may not be required. For example, barn owl nest sites may contain dependent young in October, and not exclusively within the core breeding bird period for this species (i.e. April–September). In such cases there is a foreseeable risk of causing disturbance when inspecting a known or suspected breeding site or surveying within 10–20m.
In circumstances where a Schedule 1 species is unexpectedly encountered during a survey and it is reasonable, based on the species’ ecology, habitat and time of year, to expect nesting or to have dependent young, it is a legal requirement to take reasonable precautions to avoid causing further disturbance. If you notice certain behaviours (e.g. heads-up alert posture, alarm calling, walking/flying away, etc.) it is good practice to immediately take reasonable steps to minimise disturbance and reasonable precautions to avoid causing further disturbance.
It is reasonable to expect that a survey would cause disturbance to a Schedule 1 species if the intention is to survey for such a species during its breeding season and there is no reasonable alternative (e.g. checking a farm building for the presence/likely absence of breeding barn owl or surveying for cryptic species with large alert/flight initiation distances such as stone-curlew). In such cases it will be necessary to consult with the relevant Statutory Nature Conservation Organisation about licence requirements.
BTO Data Reports provide a comprehensive list of the bird species present within the 10-km squares associated with your site, including Schedule 1 species and also highlights breeding evidence and the spatial accuracy of the records. This information, combined with records from other sources and an understanding of the broad habitats in and around your site, can guide your approach to surveying breeding birds including the reasonable precautions to avoid and minimise the risk of disturbing Schedule 1 birds. For example, you might need to route the surveyor away from an open waterbody potentially suitable for little ringed plovers whilst using vantage points to view from a suitable distance.
In understanding the sensitivity of Schedule 1 birds to potentially disturbing activities, and the reasonable steps needed to avoid causing disturbance to Schedule 1 species in the first instance, it will be necessary to rely on professional judgement and published evidence, particularly that published by a Statutory Nature Conservation Organisation or competent authority, for example, Goodship and Furness (2022). When reviewing published evidence, it is important to understand the context of the reported disturbance distances and the recommended ‘buffer zones’ because these may not be relevant to your intended activity or location. For example, there is evidence that personality type (e.g. shyness versus boldness) maybe a driver of bird distribution with bold individuals being more likely to occur in areas with higher levels of human disturbance (e.g. Holtman et. al., 2017). In some circumstances in can be expected that individual birds may react to a potentially disturbing activity at a greater distance compared to the range of disturbance distances in the published literature. Therefore, disturbance distances in the published literature and professional judgement should be used as a guide and direct observation of bird behaviour should be used to further inform whether or not the steps you have taken to avoid causing distance are reasonable or not. If not you will need to immediately take reasonable steps to minimise disturbance and reasonable precautions to avoid causing further disturbance.