It is generally illegal to remove or destroy active bird nests in California, as they are protected under the federal Migratory Bird Treaty Act and California state laws. However, there are some nuances and exceptions to these laws that allow for nest removal under certain circumstances.
In the opening paragraphs, we’ll provide a quick overview answering key questions around the legality of bird nest removal in California:
Is it illegal to remove bird nests in California? Yes, it is generally illegal to remove or destroy active bird nests in California, as they are protected under federal and state law. There are exceptions if the nest poses an imminent threat.
Can I remove inactive bird nests? Yes, you can remove inactive nests that are no longer in use by birds. Make sure there are no eggs or baby birds still relying on the nest.
When can I remove nests without penalty? You may remove nests outside of breeding season when they are no longer active. You can also apply for a permit for removal due to health/safety issues or if the nest interferes with critical infrastructure.
What are the penalties? Penalties for unlawful nest removal can include fines up to $15,000 and even imprisonment. Knowing the laws is key to avoiding legal trouble.
Let’s now dive into more detail on the relevant laws and exceptions around bird nest removal in California.
Federal Laws Protecting Bird Nests
At the federal level, the Migratory Bird Treaty Act of 1918 (MBTA) prohibits the pursuit, hunting, taking, capturing, killing, or selling of any migratory birds, nests, or eggs without a permit issued by the U.S. Fish and Wildlife Service. The law applies to whole birds, parts of birds, and active nests and eggs.
Over 1000 species fall under the protections of the MBTA, including common backyard birds like robins, sparrows, finches, swallows, and more. The MBTA covers the removal and destruction of active nests – those with eggs or baby birds still dependent on them. Violating the MBTA can result in fines up to $15,000 and even imprisonment up to six months.
So if you’re considering removing or tampering with a bird nest in California, the federal MBTA is the first law you’ll want to keep in mind. Unless you have applied for and obtained a special permit, destroying or removing active nests is illegal and subject to penalties.
California State Laws
In addition to federal law, California has its own laws protecting native bird species and their active nests:
- California Fish and Game Code Section 3503 – This prohibits the take, possession, or needless destruction of the nest or eggs of any bird.
- California Fish and Game Code Section 3503.5 – It unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey like hawks, eagles, and owls) or to take, possess, or destroy the nest or eggs of any such bird.
- California Fish and Game Code section 3513 – This prohibits the take or possession of any migratory nongame bird or part thereof, as designated under the federal MBTA.
Like the MBTA, these state codes make it illegal to remove, disturb, or tamper with active nests that contain eggs or baby birds still reliant on parental care. Violations can lead to fines of $5000 and up to one year in county jail.
Keep in mind that while the federal law covers all migratory bird species, California state law protects all native bird species – both migratory and non-migratory. So state law casts an even wider net of protection over bird nests.
Exceptions that Allow Nest Removal
Given the strong legal protections around active nests, are there any exceptions that allow for legal nest removal in California? There are a few special circumstances where nest removal may be permitted without penalty:
Inactive Nests
The key is that legal protections only apply to active nests during breeding season – generally February through August in California.
Nests that are inactive, abandoned, or no longer in use can legally be removed. Make absolutely certain that the nest is not being used before removing. Watch the nest for signs of adult birds, eggs, or nestlings. It’s safest to remove inactive nests only after August when breeding season is over.
Nests Pose Health/Safety Hazard
You may be able to obtain a permit to remove a nest that poses a legitimate health or safety risk, such as:
- Nest blocking critical infrastructure like fire equipment or safety controls
- Nest with high risk of fire, electrical hazard, or property damage
- Nest causing health/safety issues like bird mites or droppings
File an application with the U.S. Fish and Wildlife Service outlining why the nest poses an urgent threat. If approved, they can issue a permit for removal.
Population Control Permits
In special cases, federal permits may be granted to remove nests for wildlife population control – such as birds causing agricultural damage. This requires applying directly to the USFWS demonstrating a specific need. These permits are rarely issued.
Emergency Take
There is an “emergency take” exemption that allows removing a nest that poses an immediate threat to human health/safety without a permit. For example, a wasp nest near a school entrance. Document evidence in case the action is questioned later.
How to Legally Remove Nests
Based on the laws and exceptions, here are some tips for legally removing bird nests in California:
- Avoid removal during breeding season (typically February through August)
- Apply for necessary permits from the USFWS if the nest poses a health/safety risk
- Wait until nests are inactive before removing – watch for signs of adult birds, eggs, nestlings
- Carefully document any emergency removal of an active nest that poses immediate danger
- Don’t tamper with or disturb active nests of any native bird species
- Hire a professional wildlife control expert if needed – they can assess nests and handle removal permitting
Following these guidelines will help ensure you stay in compliance with federal and California state laws protecting bird nests.
Professional Wildlife Removal Services
Because of the complex legalities around bird nests, it’s advisable to hire a professional wildlife control company if you need to remove a problematic or hazardous nest on your property. Reputable services will have licensed technicians familiar with all applicable laws.
They can properly identify if a nest is active or inactive, monitor it over time, and submit permit applications to the U.S. Fish & Wildlife Service on your behalf if removal is justified. They’ll also use humane methods to deter birds from rebuilding nests in undesirable locations.
Some signs to look for in a professional wildlife removal service:
- State-issued wildlife control operator’s license
- Adherence to codes of ethics and best practices
- Humane, non-lethal methods to remove and deter wildlife
- Knowledge of federal and state wildlife regulations
Hiring licensed professionals takes liability off your hands and ensures proper nest removal according to the letter of the law.
Penalties for Illegal Nest Removal
Now that we’ve covered when nests can legally be removed, let’s look at penalties for violating the rules:
- Up to $15,000 in fines and possible imprisonment under the MBTA
- $5000 in fines and up to one year in jail under California Fish & Game Code
- Potential federal charges if violating the MBTA
- Civil penalties and being ordered to pay damages
- Increased fines for corporate violators
The risks involved make it critical to do your due diligence before tampering with any bird nests on your property. Understand exactly what is permitted in your situation and consult experts if unsure.
Protecting Native Wildlife
Supporting healthy native bird populations is important ecologically and brings enjoyment to many. With some smart precautions, property owners can address problematic nests humanely and legally:
- Use deterrents like wire mesh or bird spikes to prevent nest building in troublesome areas
- Trim trees/vegetation to reduce desirable nesting spots
- Wait until after breeding season to remove unoccupied nests
- Hire licensed professionals to assess and remove hazardous nests
- Educate yourself and others on respectful coexistence with native birds
With some care and planning, we can find ways to resolve issues with bird nests while still appreciating the beauty wild birds bring to our neighborhoods. Protecting their fragile nests and young according to the law is one way we can sustain vibrant bird populations for generations to come.
Conclusion
In summary, actively removing or destroying bird nests without a permit is generally illegal in California, as nests are protected under federal and state wildlife laws like the Migratory Bird Treaty Act. However, out-of-use nests can be removed after breeding season ends. And in special cases where a nest poses a legitimate health or safety hazard, applying for a permit from the U.S. Fish & Wildlife Service can allow for legal removal. Professional wildlife control experts can be hired to assess problematic nests and handle removal paperwork. With careful attention to the relevant laws, property owners can address unwanted bird nests humanely while supporting native wildlife and avoiding stiff penalties.