Schedule 1 Species Disturbance (1 Viewer)

A touchy subject, I know, but was just wondering as to the broadness of the term 'disturbance' in regards to Schedule 1 breeders- more specifically, photographing Red-necked Phalarope at their well know location on Shetland.

Obviously, if I was to walk right up the waters edge and cause the birds to move to the other side of the Loch, I'd not only be a tw*t, but I'd also be breaking the law. However, if I was to considerately place myself in a spot, wait for the birds to come to me, all the while ensuring I wasn't causing any infringement of their feeding patterns, would I still be 'disturbing' the birds because of the fact that I'm photographing a vulnerable species at a breeding site?

Heading up that way in a few days time, and whilst I'd love the opportunity to get close to Red-necked Phalarope, I'd like to ensure that I'm working within my limits as a photographer, especially without a license.

Cheers.

billsbirding.blogspot.com

It is such a rarely prosecuted offence that there is no case law as to what constitutes "near" the nest.

Take a look here. You should be able to get advice from the local wardens once you're there.

I thought they used that loch for feeding and breed nearby. May be wrong.

My experience was that the wardens were content to give directions to a Schedule 1 species that it would take a Millwall fan with a pit bull to disturb.

Consulting the current wardens would seem to be a wise way forward.

John