Don't overlook the law when it comes to nature photography.

Words and images by Cheryl Surry.

There is an often overlooked aspect of nature photography and one that is sometimes specific to the subject or location of the subject being photographed, and that is the law.

Whilst rules of trespass may affect our fellow urban or landscape photographer, the nature photographer must endeavour to remain legal when in pursuit of an image. I use the word endeavour not to encourage flouting of any such laws, but because sometimes one is unaware of the full situation until observation of the subject has taken place. For instance whilst watching a kingfisher one may become aware of the nest location, and if your position could be deemed to be intrusion then you should remove yourself from the situation unless you are licenced to be there.

For me, however, in addition to the legal aspect there is also a moral aspect, which means, that the welfare of the subject must always come first.


From Scottish Natural Heritage:
“The welfare of the subject is more important than the photograph. This is not to say that photography should not be undertaken because of a slight risk  to a common species. The amount of risk acceptable decreases with the scarceness of the species, and the photographer should do his utmost to minimise it.

Risk to the subject, in this context, means risk of physical damage, causing anxiety, consequential predation, or lessened reproductive success.”

Birds at the Nest
There is specific guidance around photographing birds at the nest and the terms of the Wildlife and Countryside Act must be observed and licences obtained to photograph Schedule 1 species from the appropriate authority. A list of schedule 1 species can be found on many websites and are contained in the RSPB leaflet Bird Photography and the Law.

Responsibilty
All photographers are responsible for their own behaviour, but also that of their fellow photographers. I am sure that you like me have heard a photographer say that they are going to get close to a nesting bird, even one on Schedule 1, and it is OK because it is just them and they won’t do any harm.

Whilst it may be true that the photographer in question will not do any direct harm in this instance they will by virtue of showing the images or repeating the story encourage others to flout the law. This does a disservice to all photographers. If you wish to photograph such activity then apply for the appropriate permit.

Other sources of information
The photographer should be aware of the appropriate sections of the following and
any subsequent updates:

• Wildlife and Countryside Act 1981.
• The Wildlife (Northern Ireland) Order 1985.
• Protection of Badgers Act 1992.
• The Butterfly Conservation Code.
• Botanical Society of the British Isles (BSBI) list of rare plants and Code of Conduct
• The RSPB leaflet ‘Bird Photography and the Law’.
• The Conservation (Natural Habitats, etc.) Regulations 1994

Contacts
English Nature
Northminster House, Peterborough, PE1 1UA

Countryside Council for Wales
Plas Penrhos, Fford Penrhos, Bangor, Gwynedd LL57 2LQ

Scottish Natural Heritage
Research and Advisory Service, Bonnington Bond, 2/5 Anderson Place, Edinburgh EH6 5NP.


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