In reply to spidermonkey09:
Not really. Pointing out the law does not differentiate in the type of damage, a failed nest due to disturbance is a damaged nest. Even if the passing climber didn’t touch it physically. Therefore if it’s known there’s a nest there and you carry on anyway, good luck. Which was the moral bit.
I refer the thread to…
https://www.mountaineering.scot/assets/contentfiles/pdf/nesting-birds-Guide...
...in particular…
“It is not an offence to disturb most birds, although it is an offence to interfere with the actual nest or obstruct or prevent any wild bird from using its nest.”
Knowingly disturbing a jackdaw at its nest is obstructing it using its nest and changing its natural behaviour. It’s an offence.
What might not be an offence is climbing a route further along, and not denying the bird access to it’s nest. Still a shit thing to do though. Sorry for the morals.
BMC source, if it’s even required..
https://www.thebmc.co.uk/nesting-birds-advice-for-climbers
”All wild birds, their nests and eggs are protected by law (the Wildlife and Countryside Act 1981 and the Countryside Rights of Way Act 2000). Damaging, destroying or disturbing the nests, birds or eggs is an offence.”
Post edited at 09:39