It is illegal to transport, capture or kill native wild birds such as blue jays or mockingbirds without a permit, even if they harass the birds in nest boxes or feeders. In most cases, nests can and should not be removed until the end of the breeding season and the birds leave. However, if the birds have built their nests in poor places, the nest may need to be removed earlier to protect both the adults and the chicks they want to raise. Dangerous places typically include: Some nests should never be removed unless wildlife authorities are consulted or there is absolutely no other way to ensure the safety of nesting birds. These nests include: Believe it or not, people faced federal fees to remove or even disturb bird nests. In 2014, treemason Ernesto Pulido of Oakland, California, was charged with violating the U.S. Migratory Birds Treaty Act when he pruned several nest-laden trees for the U.S. Postal Service. The trees had a large colony of black-crowned herons and night herons, native birds protected by the federal government. Five birds suffered bruises and fractures. If you don`t want birds to reuse the same area after removing a nest, you`ll need to take steps to discourage birds from rebuilding.
Changing the shape of the surface on which the birds have built their nests by adding an inclined board or thorns to make it less inviting will help prevent nesting. Placing a carved cat, snake or owl near the nesting site can create the illusion of danger to deter birds. Vigilance at the beginning of the breeding season will be crucial, and removing nests before they are completed will help encourage unwary birds to move to another area to raise their families. The Bluebird Monitor Guide notes that you do not need a U.S. permit. Fish & Wildlife Service “to manage nest boxes with active nests if you do it for the welfare of the birds.” You are allowed to remove and destroy old, inactive nests, as Blue Bird Trail monitor lizards are generally considered good Samaritans. (A nest may be considered inactive if all the young have fledged or died, if it has been permanently abandoned or destroyed by predators.) If you`re managing a trail, it`s a good idea to contact your local and state officials and let them know before your activities. Exceptions for birds considered non-native to the United States and exotic include: In very limited circumstances, the service may grant permits to create active nests. Nest removal permits are generally only granted if the nest poses a human health or safety concern or if the birds are in imminent danger. It is usually necessary to wait until the nest becomes inactive (does not contain eggs or chicks and is no longer used by birds for breeding) before destroying it.
While it is illegal to collect, possess or transfer migratory bird nests in any way, the MCL does not include a prohibition that applies to the destruction of a bird`s nest alone (without eggs or birds), provided that no possession occurs during destruction. While the destruction of nests per se is not prohibited under the MBTA, the destruction of nests leading to the unauthorized removal of migratory birds or their eggs is illegal and fully punishable under the MBTA. If the birds built their nests in such places, it is better to remove the nest and prevent the birds from rebuilding in one place. However, if the dangerous nest already has chicks or eggs, contact a bird rescue organization to see if they can pick up the young birds until they are mature enough to leave the nest. It may also be possible to move the nest to a safer place nearby. Parent birds return to the nearby nest to continue raising their young, and after the young leave, measures can be taken to discourage adults from reusing the dangerous place. Every year, the public has questions about breeding birds, especially those that are visible or altered in some way. Below, we summarize some of these frequently asked questions and clarify which seemingly useful interactions conflict with the law.
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