Quick Answers
Destroying a bird’s nest is illegal in many areas. If caught, you could face fines or even jail time. Most songbirds are protected under the Migratory Bird Treaty Act. Their eggs and nests cannot be harmed.
Even if not illegal where you live, destroying a nest still causes harm. Parent birds abandon nests if disturbed. Baby birds may die without their parents’ care. Consider leaving the nest alone until the babies fledge. Then carefully remove only the nest materials.
Is It Illegal to Remove a Bird’s Nest?
In the United States, it is illegal to remove or destroy the nests of most wild bird species. This is because over 800 native bird species are protected under the Migratory Bird Treaty Act of 1918. The law makes it illegal to pursue, hunt, capture, possess, or kill migratory birds, their eggs, feathers, or nests without a permit.
Here are key facts about the Migratory Bird Treaty Act:
What Birds Are Protected?
The law protects almost all native North American bird species. There are only a few exceptions:
| Birds Not Protected by the MBTA |
|---|
| European starling |
| House sparrow |
| Feral pigeon |
All other native species are covered, including common backyard birds like robins, cardinals, blue jays, wrens, and sparrows. Their nests cannot be removed or tampered with.
What Activities Are Prohibited?
It is illegal to:
– Remove a nest that contains eggs or baby birds. This causes nest abandonment.
– Disrupt nesting activities. Disturbing nesting birds may cause them to abandon the nest.
– Damage or destroy nests and eggs. This includes removing nesting materials from an active nest.
What Are the Penalties?
Penalties can include:
– Fines up to $15,000 per violation
– Up to 6 months jail time
– Doubled fines for organizations or businesses
Multiple violations can lead to even higher fines and prison time. Ignorance of the law does not excuse violations.
Why is the Law So Strict?
The Migratory Bird Treaty Act was passed to protect declining bird populations. Habitat loss and unrestrained hunting had caused many species to become threatened.
By 1918, some birds were already extinct, including:
– Passenger pigeon
– Carolina parakeet
– Heath hen
The Act helps conserve birds by making it illegal to harm them, their nests, or eggs. Exceptions can only be obtained with a special permit.
Over 100 years later, the law remains crucial for protecting wild birds. Of the over 800 species covered, more than 200 are endangered, threatened, or of special concern. Illegal nest removal contributes to their declining numbers.
When Can Bird Nests Be Removed Legally?
Citizens can legally remove bird nests only under specific circumstances:
Empty Nest Removal
Nests can be removed if completely empty of eggs, nestlings, and adult birds. However, it is tricky to confirm a nest is unused. Adults often vacate nests for hours at a time while hunting for food. It’s best to wait several days after seeing activity cease before removing.
Obtaining a Permit
The U.S. Fish and Wildlife Service can issue permits for nest removal or destruction. These are only granted for specific reasons like scientific research or public works projects.
Even with a permit, efforts must be made to avoid active nests whenever possible. Trees with nests cannot be cut down or damaged during breeding season.
Non-Native Species
As mentioned, non-native birds like European starlings and house sparrows are not protected. Their nests can legally be destroyed.
However, native species often use the nests built by these birds. Check carefully that only invasive species are present before removing.
Health and Safety Issues
The law allows removal of nests that pose an urgent health or safety risk. This includes nests blocking vents or damage from large, heavy nests. Removal should be done by a professional whenever possible.
Can I Remove Nest After Baby Birds Leave?
You may remove a nest after the young have fully fledged and left.
Here are signs the nest is empty:
– No activity at the nest for several days in a row
– Nestlings appear fully feathered and adult size
– You witness the young birds fly away from the nest
Even then, use caution removing nests. Fledglings often remain nearby and return to the nest periodically. Monitor the nest for two weeks after the last sightings of activity before removing.
It’s best to wait until late winter to remove nests. By then, breeding season has passed and birds are not actively using them.
Dangers of Nest Removal and Disturbance
Even if legal in your area, removing or disturbing an active bird’s nest can harm the birds. Here are risks:
Nest Abandonment
Adult birds may permanently abandon a nest if it is touched or altered. This leaves their eggs and chicks to die. Birds that feel threatened are likely to abandon a nest and re-nest elsewhere.
| Effects of Nest Abandonment |
|---|
| Eggs may overheat or cool and die without incubation |
| Nestlings starve without feedings from parents |
| Predators may eat undefended eggs and young |
Complete nest failure often occurs when abandonment happens early in incubation.
Stress
Any disturbance stresses nesting birds. It causes anxiety and uses energy needed for breeding. Excessive interference can lead birds to become too stressed to adequately incubate eggs or feed nestlings.
Injury or Death
Overly disturbing a nest may cause adult birds to attack or flee the area. Eggs and nestlings can be injured if the parents damage the nest in the process. Young birds may fall out of the nest prematurely.
Careless nest removal can also directly kill developing chicks or damage eggs.
Ethical Concerns
Beyond legal issues, destroying bird nests raises ethical concerns:
Killing Vulnerable Young
Since eggs and chicks will die without parental care, nest removal causes their deaths. Interfering with birds during breeding stages thwarts the efforts of wildlife to raise their young.
Creating Suffering
Removing a nest terrifies parent birds, who are helpless to prevent the loss. Nestlings are left to slowly perish from starvation, temperature extremes, or predators.
Damaging Future Populations
Each nest can produce multiple fledglings. Eliminating even one prevents those birds from breeding in future seasons. As survivors reproduce, the missing individuals prevent exponential population growth.
Disrespecting Nature
Nests represent the incredible lengths songbirds undergo to breed and pass on their genes. Needlessly destroying nests fails to honor the natural process and can be seen as arrogant.
How to Humanely Remove Birds from an Area
If wild birds are causing issues around your home, there are humane ways to deter them without destroying nests:
Use Deterrents
Install visual deterrents like:
– Fake owls or hawks
– Shiny objects like pinwheels or aluminum foil
– Streamers and balloons
Sonic deterrents like predator bird distress calls can also be effective.
Alter Nesting Sites
Trim back shrubs and branches to remove nesting spots. Install mesh over vents, gutters, and other problem areas.
Wait for Off-Season
Gently remove empty nests during fall and winter when not in use. Alternatively, trim trees when nesting is not occurring.
Call Professionals
Seek humane removal assistance from wildlife control companies. They use deterrents, exclusions, and relocation methods.
With patience, harmless techniques can keep unwanted birds away without destroying their nests.
Conclusion
It is both illegal and unethical in most cases to remove or tamper with active bird nests. Doing so harms breeding birds and their offspring. Consider allowing birds to finish nesting undisturbed. Only remove empty nests with caution. If control is absolutely necessary, use humane deterrents instead of destroying nests. With understanding and patience, birds and humans can coexist peacefully.
