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Field note no. 5
Is it illegal to disturb nesting seabirds?
Sometimes. All wild birds, active nests and eggs are protected in Great Britain, and disturbing a Schedule 1 species at the nest is an offence. Puffins, guillemots and razorbills are not on Schedule 1, but other offences can still apply, especially on protected sites. Behave as if the law covers every bird.
What section 1 actually says
The starting point is section 1 of the Wildlife and Countryside Act 1981, which has separate wording for England and Wales and for Scotland. In England and Wales, it is an offence to intentionally kill, injure or take any wild bird, to intentionally take, damage or destroy a nest while it is in use or being built, or to intentionally take or destroy an egg. Possessing a wild bird or egg is also an offence unless you can show it was lawfully obtained.
The Scottish version goes further. It covers reckless acts as well as intentional ones, and it includes interfering with a nest in use, and obstructing or preventing a wild bird from using its nest. That last phrase is worth thinking about on a narrow sea cliff.
Where disturbance comes in
Disturbance as a specific offence belongs to section 1(5). It is an offence to intentionally or recklessly disturb a Schedule 1 bird while it is building a nest, or is in, on or near a nest containing eggs or young, or to disturb its dependent young.
So the question is which birds are listed. Reading Schedule 1, the coastal species in Part I include:
- little, roseate and black terns
- Leach's petrel
- divers, all species
- Mediterranean and little gulls
- avocet and Kentish plover
Birds that many people picture first are not listed. The BTO's species pages for the puffin, guillemot and razorbill each say no licence is needed under Schedule 1. Scaring a puffin off a burrow is therefore not automatically the section 1(5) offence.
Why that is not a green light
Several other things can catch you out, even for an unlisted bird.
Nests and eggs
If your behaviour damages a nest in use, or a burrow collapses underfoot, the nest offences come into play. On a colony where the National Trust warns that fragile burrows run all over the island, keeping to the boardwalk is a legal matter as well as good manners. The Trust reminds Farne visitors of the 1981 Act directly, including the offence of removing nestlings or eggs from the nest of any species.
Protected sites
Many seabird cliffs are designated. The BTO's Birders' Code says damaging or disturbing wildlife on a Site of Special Scientific Interest is a criminal offence, with fines that vary by country. The Farne Islands, for instance, are a Site of Special Scientific Interest, a National Nature Reserve and a Special Protection Area, and you should expect local byelaws or access conditions on sites like this.
The wider idea of reckless harm
The GOV.UK code for England describes wildlife crimes as including intentional or reckless harassment, injury or disturbance, along with damaging habitat. If your behaviour leads to eggs being lost, for instance by flushing guillemots off a ledge, an argument about what you were intending is not somewhere you want to be.
Penalties
The Birders' Code says courts can fine offenders up to £5,000 and/or imprison them for up to six months per offence for disturbing Schedule 1 birds. A NatureScot press article from 2018 quotes the same figures in connection with drones. These are figures from guidance, so check the current position if it matters to you, as sentencing rules may have moved on and may differ between countries.
Common situations
| What you are doing | What to bear in mind |
|---|---|
| Walking the coast path past a colony | Fine. Stay on the path, with your dog on a lead, and follow any signs about access. |
| Leaving the path for a better photo | Risks the nest offences and any site designation. The Birders' Code says if a bird flies off or repeatedly calls in alarm, you are too close. |
| Kayaking below a cliff | The National Trust sets a minimum of 100 metres from cliff-nesting birds at the Farnes. The Wildlife Trust of South and West Wales uses 100 metres for nesting cliffs too. |
| Playing recorded calls | The Birders' Code says not to do this in the breeding season, and that for some species it is an offence. |
| Photographing a Schedule 1 bird at the nest | You may need a licence. NatureScot says some vulnerable birds require one for photography. |
Drones deserve a paragraph of their own
The GOV.UK code says not to fly a drone or similar aircraft where it will disturb or endanger wildlife, and to follow the Civil Aviation Authority's drone code. Wildlife law applies to drone pilots as it applies to anyone else, and NatureScot's article records incidents of drones disturbing seals at haul-outs and anecdotal reports of drones filming seabird colonies. At RSPB Bempton Cliffs, drone take-off and landing needs site permission. Our advice is to leave the drone in the car at any colony during the breeding season, which the GOV.UK code gives as February to September for seabirds.
Other animals, other rules
The law differs across species. GOV.UK says all dolphins, porpoises and whales are protected, and that disturbing them is covered by the 2017 Habitats Regulations, with the Wildlife and Countryside Act also applying except for porpoises. Our note on dolphin watching looks at what that means from the shore. Seals are covered differently again, as explained in our note on how close you can get to seals.
If you see something wrong
The Birders' Code says to phone the police immediately if you suspect wildlife crime, and to report it to the RSPB. Use 999 if it is happening now and 101 afterwards, as the GOV.UK code advises. Ask for a wildlife crime officer if one is available. A note of the time, place and any vehicle or boat details will be more use than a confrontation on a cliff edge.
Finally, one line from the code is worth remembering, and it goes further than any statute. The BTO puts it this way: "the interests of the birds should always come first."