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The Ethics of Birdnest Shots

by Grover L. Larkins and Jr.; created 1995

Finally, if you have any doubt about the impact which you will have on the birds, leave them alone!


[Note the photographs referenced in this text are not yet available] How often have you seen a beautiful photograph of a nesting bird in a magazine? Have you ever wished that you had such a photo in your collection? Most of us, myself included, would be tempted by the opportunity to photograph a bird on its nest. In many instances this is one of the few times that you can easily get close enough to a bird to use a short telephoto or zoom lens and get a satisfactory image. Since this is also one of the most critical times in the life of a bird it is also very easy to upset and harm them.

Our interference with the normal routine of the nest can be limited by adhering to some simple rules. The question which many of us fail to ask is what the consequences of displaying and/or publishing a nest photograph may be for other birds. I have tabulated some guidelines for photographing nesting birds and some suggestions for the display and publication of their photographs.

First, before approaching any nest site, study the adults and determine what their behavior is in an undisturbed condition.This will give you a means of gauging when you have entered their tolerance zone (caused them anxiety). In most cases this means studying the pair from cover with binoculars. Time how long they are away from the nest foraging in the morning, mid-day and afternoon hours. Record the average temperature at these times of day. Three quarters of this interval is the longest time that you should spend inside the adult's tolerance zone. This time will vary depending upon the temperature and time of day; it may mean that you will have only two or three minutes in the morning, 10 minutes at noon and five minutes at 5:00 pm. Your approaches to the nest should be limited to three per day at the most; if the adults do not return within twice your time within the tolerance zone leave the nest alone for the rest of the day! Also it is almost always better to remain outside the tolerance zone and use a telephoto lens than to disturb the nest. Be warned though that the mere action of pointing a lens at a nest can increase the limits of the tolerance zone -- lenses and firearms look a lot alike to a gun wary bird (or any other animal).

Events at the nest can also alter the tolerance zone. Consider the following example: the series of photos of the two nesting Osprey were made at the limits of their tolerance zone; approximately 40 yards. Their eggs are not yet laid and the time away from the nest was about an hour or so on the first day. By the second day it is almost certain that there is an egg in the nest. The time away from the nest is down to the few minutes (5 or less) that the female spends on the branches at the edge of the nest. The male's tolerance zone has now expanded to over 100 yards -- any closer than that and he takes up station overhead ready to defend his family. An approach to 40 yards was permitted but the female began to appear agitated at 35 yards distance. I returned to 40 yards for 5 minutes. The male settled down and I was afforded a 15 minute period to photograph them together. My total time inside his 100 yard tolerance zone was 30 minutes -- exactly 2/3 of the 45 minute average time he spent away from the nest. The mere fact that on the second day there are eggs in the nest has caused a significant alteration in the bird's behavior and in the tolerance zone for the male (in the event that the young have left the nest and are on the ground you should also expect a behavioral change on the part of the adults).

The location of the nest will also have quite a bit to do with the tolerance zone. The normally shy yellow crowned night heron in the picture has a nest at the edge a wildlife refuge road. With so much traffic the birds have become quite tame and showed no signs of distress at a distance of less than 10 feet. Since the birds and their nest were best viewed from a distance (due to branches and leaves obstructing the view) these photos were taken using a 400 mm telephoto lens at 15 -- 30 feet. Remember that closer is not always better! Also, if anyone is familiar with the yellow crowned night heron, they may note that the adult in the second picture has raised his crest in alarm. For that shot I waited until the resident red-shouldered hawk flew past. Birds are generally active animals and don't usually need our stimulation for an interesting photograph -- don't harass them with sticks, stones,hand claps or car horns. Also, as with any wildlife photography, patience pays off. I had been waiting for an opportunity to photograph a night her on for 2 years when I happened across this nest. I had seen other nests but the tolerance zone was a formidable 40 - 50 yards even in mangrove forests. Rather than attempt to get a photo from one of these "sensitive" nests I elected to wait. Last month the waiting paid off!

Remember also that the more people you attract to the nest the more you will disturb it. Groups of people tend to surround things to get a better view. The surrounding of any animal will cause it anxiety. Last year I witnessed an incident in Denali where a group of people surrounded a Caribou. It panicked and ran through a crowd of senior citizens at a bus stop. No one was injured but luck and the caribou had more to do with that than the would-be photographer who circled behind the animal and caused the panic (he didn't get his photo since the animal departed so abruptly). In this case he was told by others at the scene not to go behind the caribou but elected to ignore their advice. He received a humiliating lecture by a ranger and a warning for his actions there. The lesson in this is plain: since you can not control the actions of others, you should never disclose the location of a nest. It only takes one inconsiderate or ignorant person to cause unnecessary stress and possible failure of the nest.

The limits and guidelines above are derived from ordinary common sense. More concrete rules are: never touch the nest, never disturb young in or out of the nest, don't touch eggs and do not ever bend, remove, trim or otherwise alter the trees,branches or whatever which are providing cover or support for the nest. Removal of one limb to obtain better illumination or a better angle can cause the young or the eggs to literally fry in the sun! If one or more of the chicks looks like it is starving to death it may well be doing just that! In many species this is a normal occurrence; three or four eggs may be laid and hatch but the strongest one or two survive -- it isn't nice but it is natural. Interfering with this process will endanger the remaining nestlings and probably (almost certainly) not save the starving one. The net result of this interference is the possible loss of all of the young. Leave"rescue" missions to the biologists and authorities.

Finally, if you have any doubt about the impact which you will have on the birds, leave them alone!



When (and if) you publish your photographs make certain that the captions of each photograph with a nest in evidence includes the following information: are there eggs in the nest, are the young fledged, is this photograph taken from a blind, are any special precautions to prevent the disturbance of the birds being taken? Never disclose the location of the nest since many species return for their entire adult lifespans to the same area to nest. If the magazine editors have a problem with this try to explain your reasons for it. If they still have a problem with it sell your photograph to another magazine with a more sympathetic editor. Stock agencies should also be able to follow this procedure; I am certain that the better agencies would have few problems with this request. If they do, explain the consequences to them. Their objection may only be due to a desire not to have to stock an additional explanation for each nest shot. A simple caption on a 2X2 (slide sized) card affixed to the image with a piece of tape should overcome this objection. The reasons for the publication rules are simple; people try to imitate. If they try to imitate and don't understand the conditions under which the photographs they are imitating were obtained they are likely to damage the health of their subjects.For this reason always attempt to place your photographs in an ethical setting. Indicate that you used a 600 mm f4 EDIF with a doubler or a blind erected at night to get the shot. Detail the signs of agitation for the birds in the photo that delineate the tolerance zone in the accompanying text. With any luck you will have just saved an entire generation from ignorant harassment. To summarize:

  • Observe from a position outside of the tolerance one with binoculars.
  • Time the birds absence from the nest as a function of the time of day and/or temperature.
  • Determine the tolerance zone by establishing a distance at which the birds begin to show signs of agitation.
  • Use the tolerance zone limit for routine photography of the nest.
  • Enter the tolerance zone only once on each morning and afternoon.
  • Each venture into the tolerance zone should last for only 3/4 as long as the average absence from the nest at that time of day.
  • Always indicate in the captions that the photographs were taken ethically -- no trimmed limbs or disturbed nests.

    I realize that in many cases people are going to disturb a nest to get a "great" photo no matter what you and I may publish. All we can do is try to eliminate their most common excuses. As a final word; always try to get a copy of the rules of any Park or Refuge in which you are planning a photographic trip. The rules are usually there for a reason. If any of them seem unreasonable take the time to inquire. A polite inquiry can often make you a valuable acquaintance at the park (and sometimes even an exception to the written rule in question). Also, if you witness an action by another individual which is either unethical or illegal by all means take a photograph of the event and person(s) involved and report the incident to the authorities.With any luck this will inhibit the unnecessary disturbance of any wildlife. Remember; when we photograph wildlife we are in their world and present at their sufferance. Be a polite visitor!

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Don Baccus , February 27, 1997; 08:14 P.M.

Good page, Grover. I'm surprised, though, that you've not mentioned the use of remote release cords (or other devices) when shooting at the nest. For instance, on my pages I have a photograph of a flicker taken at the nest hole. Like you, I greatly prefer working birds which are acclimitized to people, and this particular flicker hole was right in my campsite. However, telephoto plus me made it nervous. Telephoto with me sitting about twenty feet away at a picnic table holding my remote cord did not.

I like your emphasis on learning behavior. It is applicable to all wildlife photography, not just photography of nesting birds.

Bill Bryant , March 13, 1997; 01:04 P.M.

Nice article on nests. I wish I would have read it several years ago. I am still feeling guilty for my stupidity in Baja a number of years ago. While on a fishing trip north of La Paz, I stopped at a small island to photograph some pelican nests. I was surprised at how close I was able to get to the nest. The closer I got, the more excited I became (as did the bird). Of course I wanted to get closer to fill the frame with my 200mm lense...nap,snap....a few steps closer...snap, snap... a few more steps.

Of course the pelican eventually flew off when I was but a few feet away. Before I could even focus on the eggs in the nest, two sea gulls immediately pounced on the nest and destroyed the eggs. I couldn't even bring myself to develop the film.


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