Birds

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Scotland's wide range of habitats and open spaces make it the perfect home for some of the most impressive birds you can see, including the golden Eagle, White-tailed Sea Eagle and Osprey. Of no less importance are the smaller birds like the Corncrake, Capercaille or Ring Ouzel. But its not just rare species that receive protection under the new legislation - all wild birds are protected by the Wildlife and Countryside Act, 1981, as amended by the Nature Conservation (Scotland) Act, 2004. This is to ensure the continued richness of Scotland's bird populations.

SCOPE OF LEGISLATION

The Nature Conservation (Scotland) Act, 2004 extends to people bringing birds, or their eggs, from other countries into Scotland. It is an offence to do so if the killing, talking or selling of that particular bird or egg would have constituted an offence had it taken place in Scotland.

Some birds, including many birds of prey, are further protected by making it an offence to intentionally or recklessly disturb them while they are building, or are in, on, or near a nest containing eggs or young, or to disturb their dependant young. Bird watchers or bird photographers might do this as well as egg or chick thieves.

NEW OFFENCES

Completely new offences have also been created under the Nature Conservation (Scotland) Act, 2004

These are:

• to intentionally or recklessly disturb any wild birds included on Schedule 1 which leks, while it is doing so. In Scotland the Capercaille is the only bird this offence applies to.

• to intentionally or recklessly harass any wild bird included in Schedule 1A. In this case a White-tailed Eagle is the only bird listed though more may be added.

• to intentionally or recklessly take, damage, destroy or otherwise interfere with any nest habitually used by bird on Schedule A1 at any time. The White-tailed Eagle is the only bird on Schedule A1 at this time. (July 2005)

• to intentionally or recklessly obstruct or prevent any wild bird from using its nest.

KEY CHANGES

The concept of recklessness is a major new introduction. Under Section 1 it is now an offence for any person to intentionally or recklessly kill, injure or take any wild bird or for any person to intentionally or recklessly damage or destroy the nest of any wild bird while it is being built or used.

It is also an offence for any person intentionally or recklessly to take or destroy an egg of any wild bird, or to cause or permit any of these acts.

Under Section 2 it is an offence for any person to have in his possession or control any live or dead wild bird or any part thereof; or any egg or part of an egg of any wild bird.