Specially protected birds
It is a crime to:
- disturb any specially protected bird while it is building its nest;
- disturb any specially protected bird while it is in or near a nest containing eggs or young;
- disturb the young of any of these birds before they are wholly independent.
There are almost 100 threatened birds with additional protection. It is a crime
to intentionally or recklessly disturb any of these birds while they are
in or near their nest as they are particularly vulnerable to persecution
here. Thus, egg thieves approaching an occupied nest would be guilty of
disturbance even if they do not manage to steal the eggs. Birds are also
protected in this way from bird-watchers or photographers who do not take
sufficient care to avoid disturbing their quarry. The young of these birds
also may not be disturbed after they have left the nest before they are
wholly independent. Very few of the exceptions that can apply to birds
in general are permissible for these species.
The Nature Conservation (Scotland) Act 2004 has also made it an offence to disturb those specially protected birds that lek (capercaillie and ruff) at the special places where they gather to display. The same Act has added a list of birds which may not be harrassed at any time and a list of birds whose nests may not be damaged at any time. At the moment only the white-tailed eagle has this additional protection.