Digiscoping Schedule 1 species - do I need a licence? (1 Viewer)

Hello everyone.

I have been invited to try and photograph a pair of Peregrines that are breeding in the Midlands in quite a public place, in order to provide copy for information leaflets to be produced later on.

The birds have been seen copulating on a platform put up especially for them on a building. They don't yet have eggs or young, though, so may not be in full breeding mode.

For me to digiscope them I will be some distance away, on the street below or in a building opposite.

Would I be breaking the law in photographing a Schedule 1 species under these circumstances? Any advice appreciated.


GV

The RSPB have a document to download from their web site about photography and the law it explains a lot of dos and don'ts. Having said that, the main requirement is not to approach within a certain distance and not to disturb the birds. This does rely a lot on which birds and where they are nesting, some don't seem to have read the law and nest in some very public places which are easily disturbed. The disturbance of course doesn't just refer to photographers but the nature of photography tends to provide the evidence against you.

I was in a hide with a swallows nest with young, does being there contravene the law or just taking photos? The birds were quite happy getting on with life.

http://www.rspb.org.uk/Images/BIRDPHOT_tcm5-43180.pdf
http://www.rspb.org.uk/birds/faqs/legal.asp
Just found the link hope it helps.

If you are standing in a busy street photographing Peregrines on, for example a cathedral or office block, you are most unlikely ever to be suspected of causing disturbance and thus no case would ever proceed. There was a thread on this a while back on BF, but I think by photographing them, if push ever came to shove, the onus might be on you to show no disturbance was caused. I believe the law is correct in this respect, as the means of obtaining the picture is not really the issue, but whether the bird was disturbed. So, looking at a picture, can we really see how close that photographer got? Was the bird really disturbed or not? The presumption would have to be, if a licence was not obtained, yes. Otherwise, it would be too easy to simple always argue a long lens was used.

Best to check with the RSPB or the nearest English Nature office. EN actually do the licensing so they should know. Digiscoping is covered by the legislation and if you were going close enough to disturb the birds you would certainly need a licence. I would have thought that in your situation being on a street below the birds you'd be unlikely to be disturbing them, as you'd be no different to anyone else on the street.

cheers,
Andrew

Thanks Everyone - I think so long as I'm stodd next tot he public when I take the photo's I'll be okay. Might take a photo of my setup just to demonstrate I wasn't disturbing the birds.

Wonder how long it will be before Peregrine gets removed from Schedule 1 anyway?

GV