By Kevin Howett

For many species of bird the crag is their 'home'. Seeing wild birds is part of the attraction of climbing for many and can add greatly to the enjoyment. Tiny wrens nesting in hollows, jackdaws nesting deep inside cracks; kestrel, buzzard, wagtail, swallow and many more, all share the crags with us, generally coexisting without detriment to the birds' breeding success. Although climbing does not pose the main threat to bird breeding success - it is egg collectors, unscrupulous gamekeepers and chick thieves, which cause the greatest harm, and to whom wildlife law is aimed - climbers may inadvertently contravene parts of the law, particularly regarding those birds listed as 'Schedule 1'. As users of the countryside we should always strive to help protect it and the wildlife in it by acting responsibly and reporting any suspicious activity.

Nesting Bird Warnings

WHAT BIRDS ARE SCHEDULE 1?

HOW THE LAW AFFECTS YOU

At present the law in Scotland states that it is an offence to 'intentionally' disturb a bird 'at, on or near' the nest. It is also an offence to intentionally disturb 'dependent' fledged young. That is, young birds that have just moved away from the nest but are still dependent to some extent on their parents for food and protection.

It is clear and unambiguous what 'at' and 'on' mean in this legislation, but the law does not stipulate a definition for 'near'. Nor does the law stipulate what constitutes 'disturbance'. It would be difficult to do this, as each bird species is different, and indeed individual birds can vary considerably in their behaviour. As a result, a prosecution would call upon expert witnesses to testify that disturbance occurred and that it was done intentionally.

Whilst the law has for some time prohibited intentional disturbance, the recently enacted Nature Conservation (Scotland) Act now includes the additional offence of reckless disturbance. This refers to the reckless disturbance of S1 species at their nests. We are advised that the legal definition of reckless is “continuing with an action in the knowledge of the consequences of that action”.

By following this MCofS guidance you should be able to find out in advance if there is a bird nesting issue at a crag, or you should be able to see evidence of the bird’s presence as you approach the crag, but it is still possible to find yourself on a climb when you become aware of a bird that is nesting on the crag and showing signs of distress (i.e. making loud noises, flying round in circles, flying towards you). Whilst the simple advice is to back off and move away from the nest, this may not be so easy once you are committed to a climb. In that position you will need to consider your own safety, the location of the nest, the options open to you and your climbing partner, and the length of time those options will take. Lowering off, climbing out or traversing away to one side are all options that you might consider, but you would have to make that decision based on your particular position.

Having become aware of a problem with a disturbed nesting bird you would then have to take whatever avoiding action you can, whilst making your own safety your priority, and be prepared to justify the course of action that you take. You should then be able to argue that you considered the consequences of your actions and chose the least harmful option from the bird’s point of view, whilst having the necessary regard for your own safety.

WHAT TO LOOK OUT FOR

The Nesting Period:
The general time period for seasonal nesting restrictions usually applies between 1st February and the end of July.

The most important period of nesting:
For most birds the most sensitive period is when they have just laid eggs. For peregrines this can be early in the season when the ambient air temperature is still low. If repeatedly or continually kept off the nest by climbers, then the eggs will cool and die. This period can be from late February to early May. Obviously, there is less risk of cooling if the adults are kept from the nest in warm sunny weather than in very cold weather. The position of the nest (on a north or south facing crag) and the time of day will also be important factors.

Once the young have hatched, it is unlikely that the adults will desert them after being disturbed. However, when they are newly hatched, they do not have protective feathers and are prone to rapid cooling in cold weather. This is an important time too and a rough guide would be in April or May. Once the chicks are a little older, then repeated disturbance becomes less damaging.

Before You Go:
Climbers visiting any crag in Scotland should make efforts beforehand to find out if there are S1 birds in residence on the crag they intend to visit. If there are, and there is an agreed restriction, then please be prepared to change your plans according to the agreement. It may be that only some parts of the crag are restricted, so other routes can be climbed.

The area of crag agreed to be avoided can vary depending upon various factors such as the size and extent of the breeding site, the importance of the population, the level of disruption any climbing would cause, the approach routes to the crag and the tolerance of the birds at that site. Some species also vary their choice of nesting site each year either within a crag or between different crags and so agreements will often change from year to year.

At the Crag:
If you visit a crag not listed as having an agreement, but then notice activity from a peregrine or other S1 bird, then the guidance below will help you decide what to do. It can equally be used for other nesting birds you may come across. Obviously, your choice of what can be done will depend on a combination of the factors outlined below.

1. As you walk into the crag keep a look out for peregrines and other birds and note where they are flying from and to.
2. Before starting out on the route of your choice assess whether there is a nesting site that is being used. The nest site of a peregrine varies from a bare ledge with some twigs to an obvious big collection of sticks, usually with some signs of guano splashed on the rock below. This can be confused sometimes with a simple roosting site. Eagles nests are huge!
3. Peregrines may well be calling as they fly about the area. Try to notice where they originate from or look more closely for a nest.
4. Assess from the criteria below about judgement, whether you feel your presence will be detrimental. If the nest site is not directly beside where you are going to climb, or the configuration of the crag means you can be separated from the nest site to some extent, or the crucial period of egg incubation in cold weather is past, then you may find that the birds settle down and climbing does not disturb them off the nest.
5. If the birds continue to appear aggressive and agitated and are staying away from the nest, then it may be best to find another climb further away from the site, on another part of the crag or indeed on another crag.
6. If you have done all of the above and have proceeded responsibly, only to then find a nest site on the route, make every effort to complete the route as quickly as possible, or retreat if this is the safer / faster option.
7. Always exercise caution, and if in doubt avoid climbing when in your opinion there may be a reasonable risk of disturbance.

Judgement: What is disturbance?
Humans and birds cohabit all over the UK. Birds nest in very close proximity to constant human activity and can be described as being 'disturbed' all the time. They become “habituated” to this disturbance as they quickly realise that most human activity is not a threat. This is why many birds still nest on crags that are popular with climbers. Obviously not all 'disturbance' is damaging. It becomes damaging when the disturbance keeps the adults from the eggs or very young chicks and this threatens their survival.

Most birds will act instinctively to protect their eggs and young when they perceive a threat. They will often make an initial reaction to human presence, calling, often repeatedly or aggressively. They will then either realise there is no threat and will settle down or once you move to a distance acceptable to them, they will stop their instinctive behaviour.

It can be difficult for non-ornithologists to judge when a peregrine's call changes from normal activity to that of a protection call, but listen for a more aggressive tone. If the bird flies from the nest and stays away, then they have been disturbed too much and it becomes detrimental to breeding success.

Eagles are the most important species that climbers may encounter, and they are much more prone to disturbance. They also tend to simply fly off to a nearby roost and sit quietly until the 'hazard' has left (unless they have young!). But their nests are huge and usually located on areas of more broken crag less appealing to climbers, but you should be vigilant at all times, especially when walking in to the crag.

Judgement: How close is too close?
The extent of a peregrines “minimum tolerance zone” around a nest site will be dependent on how 'habituated' they are. If the crag is very popular with climbers, then any nesting birds will probably be habituated to climbers' presence. Peregrines will be able to accept climbing in quite close proximity, perhaps only 10m away, or on a separate buttress, or around the other side of an aręte. However, even at these venues climbing directly onto the nest will always cause damaging disturbance.

At crags in more remote areas, where there is little climbing activity, the 'minimum tolerance zone' will be more extensive.

Getting Information:
In Scotland the MCofS is in communication with RSPB (Scotland) on this issue and will give up to date information about known sites where there may be a greater risk of damaging disturbance. Where very popular climbing crags are also home to regular nest sites, then there is probably little risk to the birds and no action is required on behalf of climbers. Find out from the MCofS.

In England and Wales the British Mountaineering Council has agreed voluntary restrictions with the RSPB and they produce a list of sites. Remember if a site is not being used then there will be no restrictions. In Scotland, in general, climbing pressure is far less than in England and Wales and the potential for problems is less.

CURRENT SITES YOU SHOULD NOTE

• Clints of Drumore
  This is owned by Scottish Natural Heritage. Climbing only on Black & White Walls, Central Buttress and Black Streaker Areas should not cause damaging disturbance.

• Ardnamurchan
  There are nest sites on Meall an Fhir-eon and Meall Meadhoin and the birds make a choice between the two. If activity is noticed at one of these crags any time after February, then please climb only at the other crags.

  

• Glen Afton
  Stayamrie Wall should be avoided during the nesting period.

• Loudoun Hill
  Avoid Eastern Buttress and there may be other species nesting near Rocking Stone Groove. Look out for notices posted by the PWLO.

• Glen Ogle
  There may be an occupied nest on White Wall on 'The Dark Side'. If so, this should be avoided. All other buttresses and climbs are unaffected.

• Creag Mac Ranaich
  The whole crag should be avoided and walkers should approach the summit from the north, east or west.

• Sron Ulladale
  The ledge at the top of the crux of Stone sometimes holds an occupied nest.

• Torr Nead an Eoin, North Arran
  This crag is often occupied during nesting season, approximately 1st February to the end of July. If so, this should be avoided, and general advice noted into the start of August.

ADVICE TO WALKERS TO LIMIT DISTURBANCE

If wild camping in the Scottish mountains during the breeding season, before deciding on a pitch site, take some time to look about for signs of nesting birds and if there is a bird repeatedly displaying to attract your attention away, or an agitated bird trying to get to its nest, then look for another pitch.

Loch and river edges are prime habitat sites for many birds and as a precaution these are best avoided as camp sites. This advice also helps maintain water hygiene.

HELP PREVENT WILDLIFE CRIME

Leaflets for More Information
"Birds and The Law" by RSPB Free leaflet
"Wild Birds and The Law" By RSPB
"Birds of Prey in the UK - Back from the Brink" By RSPB
Nature Conservation (Scotland) Act 2004 on the web
The Wildlife & Countryside Act on the web

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