Quick Answer
In most cases, it is illegal to relocate an active bird’s nest without a permit. Birds are federally protected under the Migratory Bird Treaty Act, which prohibits taking, possessing, or transporting any migratory bird, nest, or egg. There are some exceptions that allow relocating nests that pose an imminent threat, but this should only be done by trained professionals. The best option is usually to wait until the nest is inactive before removing it.
Is It Illegal To Move A Bird’s Nest?
Yes, it is generally illegal to move or disturb an active bird’s nest without a permit. Here are some key points on the legality of moving bird nests:
– The federal Migratory Bird Treaty Act prohibits taking, killing, possessing, transporting, or importing any migratory bird, nest, or egg without a permit. This covers most native bird species.
– Almost all states also have laws prohibiting destruction or disturbance of active nests and eggs.
– Nests with eggs or juvenile birds are protected. Nests that are being built but do not yet contain eggs may also be protected in some states.
– Fines and penalties can be imposed for violating nest protections, including potential jail time for criminal violations.
– Exceptions are sometimes made for health, safety or economic reasons, but this requires applying for a nest removal permit.
So in summary, it is illegal nationwide to move or tamper with active nests without a permit due to federal and state laws protecting migratory birds. Empty, inactive nests may be removed in most cases.
When Can You Remove A Bird’s Nest?
The best time to remove a bird’s nest is when it is inactive. Here are some guidelines on when a nest can legally be removed:
– After the breeding season has ended and the juveniles have fully fledged, nests are typically inactive and can be removed. This is usually in late summer or fall.
– It is best to wait 1-2 weeks after a nest appears empty before removing it to ensure the birds are done using it. Watch for any activity at the nest during this time.
– Winter nests created by non-migratory species can be removed once you confirm the birds are not actively using it.
– Nests that have been abandoned mid-season due to disturbances, death of adults, etc. can be removed once evacuation is confirmed.
– Inactive nests from previous seasons that remain on a structure can be removed at any time. Note that some birds may reuse old nests.
The key is to avoid disturbance or destruction during critical stages like egg laying, incubating, and rearing young. If in doubt, it’s best to delay any action until after nesting season. Seek professional guidance if you need to remove a nest sooner.
Can You Get A Permit To Remove An Active Nest?
It may be possible to get a permit to remove an active nest, but the requirements are strict. Here are some tips:
– You will need to show compelling reasons related to human health and safety, property damage, or economic impacts to get a permit. Wanting to remove a nest for aesthetic reasons is generally not sufficient.
– Federal and state wildlife agencies are the ones who issue nest removal permits. The application process can take weeks or longer.
– Alternatives like installing buffers, barriers, or deterrents will likely need to be tried before a permit is granted.
– Any removal work allowed will need to be done by a professional wildlife control operator, not private citizens.
– Permits often come with restrictions like limited time frames or relocation requirements
– Even if you have a permit, harming eggs, juveniles or adult birds is still prohibited. The work must avoid direct impacts.
So getting a permit is possible but challenging. Avoiding nesting issues in the first place via planting unappealing vegetation, using deterrents, or modifying structures is often easier than asking for forgiveness later. Plan ahead to minimize the need for active nest removal whenever possible.
What Are The Penalties For Disturbing Bird Nests?
Violating laws that protect bird nests can lead to legal penalties, including:
– Up to 1 year jail time and $100,000 fine per offense for individuals under the federal Migratory Bird Treaty Act.
– Fines starting at $500 up to $25,000 per nest for violations of state laws.
– Required payment of restoration costs if habitat is damaged, which can be substantial.
– Community service requirements for rehabilitation or conservation work.
– Loss of any related licenses, leases, or permits.
– Businesses can face much steeper fines up to $500,000 and criminal prosecution.
– In addition to fines, prison time may be imposed for criminal misdemeanor or felony charges.
The penalties imposed depend on factors like the species impacted, number of nests affected, intent and severity of the actions, and whether there are repeat violations. Given the steep potential fines and jail time, it is not worth risking nest disturbance without proper permits. Leave active nests alone and contact officials promptly if you encounter issues.
When Can You Get An Emergency Nest Removal Permit?
Emergency permits may be granted to remove a nest that poses an urgent safety hazard or risk of significant property damage. Examples include:
– Nest blocking safety equipment like fire or alarm systems that can’t be deactivated.
– Nesting inside key infrastructure like transformer boxes or airport runways.
– Large nests compromising structural integrity of bridges, signs, or buildings.
– Aggressive dive-bombing birds interfering with high-traffic areas.
– Health risks from large amounts of nesting material containing hazardous waste.
– Nests attracting predators to sites with sensitive human activities.
In these cases, you may get approval for emergency relocation or removal after submitting extensive documentation. This option is only used when threats can’t be abated by less invasive measures. Any permitted action still cannot directly kill or harm birds. Emergency permits also require working with wildlife officials to carry out the removal. These situations are uncommon, but highlight when exceptions can be made. For typical nesting in residences or businesses, advanced planning to make sites less attractive for nesting is recommended over seeking emergency permits.
Tips For Relocating A Bird Nest
If you obtain proper permits, here are some tips for relocating a bird’s nest safely:
– Work should only be done by trained wildlife control professionals, not private citizens.
– Conduct work as early in the season as possible, before eggs or young are present.
– Work should occur at dawn or dusk when activity at the nest is reduced.
– Wear protective gear and work slowly to avoid startling birds.
– Carefully collect the nest, eggs/young, and transport to the new location. Some nests may need supporting structures.
– Place the nest in as similar environment as possible, out of view from humans.
– Set the nest securely in place in a natural branch or cavity, concealed from predators.
– Monitor the new nest site to ensure adult birds locate and resume caring for the nest.
– Keep disturbance at a minimum for several days to give the birds time to adjust.
– Have a backup plan ready in case the adult birds don’t accept the relocated nest.
With proper care, some bird nests can be successfully moved. But avoiding the need for relocation in the first place via exclusion techniques or offering alternative sites is often easier on both birds and people.
Can You Move A Bird Nest With Babies?
Relocating an active nest with baby birds is extremely challenging and will only be permitted as a last resort in emergency situations. Here are some key considerations:
– The parents may abandon the nest after a move, even if eggs or chicks are present. Their bond to the original nest site is very strong.
– Handling young birds risks injury, exposure, and separation from parents. Their survival depends on the care of the adults.
– Eggs are very fragile and may fail to hatch if moved mid-incubation. The parents may also abandon unhatched eggs.
– Featherless chicks are vulnerable to temperature changes and require frequent feeding that may be interrupted by a move.
For these reasons, wildlife officials will not allow relocation unless human health and safety is critically threatened. All other options will be exhausted first. If relocation is truly unavoidable, an expert will conduct the move using specialized equipment and techniques. Extra steps will be taken like installing an artificial heat source and hand-feeding chicks until the parents resume care. The probability of success is still low, so moving active nests is very challenging and risky for the young birds. Avoiding the need for relocation is always the best policy when it comes to active bird nests.
Can You Take An Abandoned Bird’s Nest?
It is illegal to take an abandoned bird’s nest in most cases, for a few key reasons:
– It can be difficult for untrained people to confirm whether a nest is truly abandoned versus just temporarily vacant. Taking an active nest would violate protections.
– Birds often reuse old nests from previous years, so removing them can take away future nesting sites.
– Federal and state laws usually prohibit possession of migratory bird nests and eggs regardless of condition or occupancy.
– Abandoned nests may hold scientific value for researchers who obtain special collection permits.
– The nests can contain remnants like feathers or egg shells from protected species.
However, there are some cases where taking abandoned nests is allowed:
– Nests of introduced non-native species that are not protected.
– Clean empty nests found on the ground that clearly fell naturally and won’t be reused. These have less conservation value.
– Using nests for educational programs under special permits.
So in summary, it’s usually illegal to remove abandoned nests, but exceptions may apply in some specific situations. When in doubt, it’s best to avoid tampering with any bird’s nest and leave it in place.
Frequently Asked Questions
What are some tips for removing old nests after nesting season ends?
Some tips for removing nests after nesting season include:
– Wait until late fall and cool weather when birds are not active at the site.
– For cavity nests, plug the hole right away after removal so birds don’t start a new nest.
– Wear gloves and respiratory protection, as old nests often contain mites, feces, and decaying food.
– Clean the area thoroughly after removing nests to reduce parasite spread.
– Dispose of intact nests and eggshells properly by burning, burying, or double-bagging them in the trash.
– Monitor sites afterwards since birds may repeatedly return to established nesting spots.
Can you get fined for accidentally disturbing a nest you didn’t know about?
Yes, you can potentially be fined and face legal penalties even if you accidentally disturb a nest without realizing birds were nesting in the area. However, intent is taken into account. Fines may be waived or reduced if:
– You took active steps to try to detect nests before starting work.
– You stopped disturbing the nest immediately once discovered.
– You work cooperatively with officials and take corrective actions to prevent recurrence.
So while unintentional violations can still lead to penalties, they are usually more lenient than intentional destruction of a known active nest. Taking preventive measures is key.
How can you exclude birds from nesting in problematic areas?
Here are some tips for bird-proofing areas where you don’t want nests:
– Install mesh netting, porcupine wire, or bird spikes to block access.
– Use deterrents like predator decoys, scent repellents, or reflective tape.
– Remove vegetation, ledges, or cavities that could support nests.
– Use hardware cloth or other material to close off spaces and holes.
– Employ sound deterrents like chimes, ultrasonic devices, or recordings of distress calls.
– Keep problematic areas well-lit, as most birds prefer darker spaces.
– Ensure good drainage to deter mud-nesting species like swallows and swifts.
– Apply non-stick coatings where appropriate.
– Seek professional help for exclusion and habitat modification if issues persist.
Prevention is much easier than dealing with an active nest once established, so take proactive measures.
Conclusion
In most situations, it is illegal to relocate an active bird’s nest without proper state and federal permits. Empty, inactive nests can usually be removed, but it is best to do so outside of breeding season. Disturbing active nests can result in steep fines and even jail time in some cases. If a nest is causing critical safety or property damage issues, applying for an emergency permit may be warranted, but this can be a lengthy process with no guarantee of approval. Whenever possible, the best approach is to proactively discourage birds from nesting in unsuitable areas through exclusion techniques and habitat modification rather than attempting to move nests once they are established. With some foresight and proactive management, conflicts with nesting birds can often be avoided altogether.