Did You Know You Cannot Just Remove a Bird Nest?

By
Real Estate Agent with Keller Williams Realty CalBRE #01492138

 

©Did You Know You Cannot Just Remove a Bird Nest?©

These bird nest photographs were taken in the Inland Empire in CA.

While looking up some info on removing bird nests I came across some interesting Federal laws. Did you know that you cannot just remove most bird nests? I didn't so I “Googled” Bird Nests and come up with some interesting reading.

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The Federal Migratory Bird Treaty Act of 1918 prohibits the trapping, possession, or killing of most birds, their eggs and nests, without a permit.

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 Many people do not know that the Migratory Bird Treaty Act makes it illegal to disturb the nest any native bird without a permit.

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 It is illegal to disturb an active nest, even if it is in an inconvenient location without a permit from the U.S. FWS and sometimes from the State also. Permits are seldom granted.

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Typically there are state and sometimes county regulations in place as well.

 

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The only birds not protected in the US; Sparrows, Pigeons, and Starlings by state or federal law. However, local ordinances may protect these birds.

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 Be sure to check with local authorities before attempting control.Some birds' nests can be removed, but only if they are causing a threat to health and safety.

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This cute little bird is hard to see but it makes its nest on the palm frawns.

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If a bird’s nest is in immediate jeopardy, you can move the nest and put it into a box. Try to place it near the original location so the adult birds can find the nest and the eggs.

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Close up the box but put a hole on the sides so the adult birds can enter the box. Make sure to protect the nests from predators.

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I have a sparrow on my front porch and it comes at night and leaves early in the morning. Once in a while I see a flash when I open the front door. He did not build a nest there but just sleeps on the ledge. One day I will get lucky and get a photo. I will have to sneak up from the backyard.

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I found this picture and it is so cute....

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Inland Empire Homeowners, please call me for a Comprehensive Market Analysis to assist you with marketing your home for sale and getting the best price possible. Buyers, if you are planning to purchase real estate, let me assist you in finding the right home.  Google me at Kristin Hamilton, Keller Williams Realty, Redlands, CA

This post was authored and or picture was taken by Kristin Hamilton. ©2011, All Rights Reserved, This content may not be reproduced or reprinted (Except for ActiveRain Re-blogging) without express written permission of Kristin Hamilton, Keller Williams Realty, Redlands, CA.

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Rainmaker
519,107
Jeanne & Ralph Janisch ABR CRS Brokers
The Durango Home Team at Keller Williams Southwest Associates - Durango, CO
Selling Durango CO homes to good people like you!

Interesting facts.... I have never thought it was good to violate an active nest but I have removed old expired sparrow nests when I was a kid.  But I'm a bird lover I wouldn't bother any up in trees.

Nov 14, 2011 08:06 PM #1
Rainmaker
583,442
Susan Neal
RE/MAX Gold, Fair Oaks - Fair Oaks, CA
Fair Oaks CA & Sacramento Area Real Estate Broker

Hi Kristin - Great hotos!  We love our birds, and we have a birdhouse on our front porch that sat empty for several years, but this year it has been used and we love hearing the songs when they come home for the night.

Nov 14, 2011 08:09 PM #2
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Kristin Hamilton
Keller Williams Realty - Redlands, CA
(909) 557-6966, CDPE, SFR, CHS-Redlands/Loma Linda

Hi Jeanne and Ralph,

I had the hummingbird nest in my plum tree but the gardener chopped the branch off last winter. They had abandoned it but would have come back in the spring. I was not happy.

Nov 14, 2011 08:10 PM #3
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Kristin Hamilton
Keller Williams Realty - Redlands, CA
(909) 557-6966, CDPE, SFR, CHS-Redlands/Loma Linda

Hi Susan,

 Just knowing they are protected from the harsh winter is comforting I am sure. I added 2 more feeders in my backyard and they wake me up singing every morning.

Thanks for stopping and have a great week.

www.kristinhamiltonblog.com

Nov 14, 2011 08:19 PM #4
Rainmaker
860,009
David Spencer
Keller Williams Team Realty - Bloomingdale, IL
Chicago Area Commercial-Residential R.E.

Be careful of the Tweet Mafia.

Nov 14, 2011 08:20 PM #5
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Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Hi and thanks for sharing these pictures and passing along the information. I don't touch a birds nest...active or inactive. BTW...I think hummingbird's nests are the cutest.

Nov 14, 2011 08:34 PM #6
Rainer
408,559
Gary Coles
Venture Realty International - Las Vegas, NV
Latin America Real Estate

Kristen, This is a fantastic photo essay.  Your photos are wonderful and you provide a lot of good information.  I have a question though.  What happens in areas of active logging or real estate development?  I can only think of one builder that I know who has actively tried to protect nests.

Nov 14, 2011 08:54 PM #7
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Kristin Hamilton
Keller Williams Realty - Redlands, CA
(909) 557-6966, CDPE, SFR, CHS-Redlands/Loma Linda

Hi Debbie,

I think they are cute too and they make them out in the open sometimes. Usually the only time you can see them not buzzing around is when they are sitting on the nest. Thanks for stopping.

Nov 14, 2011 11:39 PM #8
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Kristin Hamilton
Keller Williams Realty - Redlands, CA
(909) 557-6966, CDPE, SFR, CHS-Redlands/Loma Linda

HI David,

How cute David! You know big brother is always watching so you do not want to make the environmentalist upset. Hopefully it is not an issue.

Nov 14, 2011 11:41 PM #9
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Kristin Hamilton
Keller Williams Realty - Redlands, CA
(909) 557-6966, CDPE, SFR, CHS-Redlands/Loma Linda

Hi Gary,

I am not sure but of course what we don't know doesn't become an issue. Possibly they have them moved to a safe place!

Nov 14, 2011 11:43 PM #10
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Toni Weidman
Re/Max Sunset Realty - Trinity, FL
23 Years Selling Homes in New Port Richey, FL

Kristin, that's very interesting and I'm sure we have done that at times without knowing the law. Of course, it is for native birds and I'm not sure which ones are native. I'll have to do some research. Suggesting your post.

Nov 15, 2011 08:44 AM #11
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Kristin Hamilton
Keller Williams Realty - Redlands, CA
(909) 557-6966, CDPE, SFR, CHS-Redlands/Loma Linda

Hi Toni,

 The web sites went on to say if you have a nest and are not sure what type of birds that you need to get expert bird help before proceding with removal or eradication. This could be quite complicated for real estate developers.

Nov 15, 2011 10:01 AM #12
Rainmaker
310,170
Michael Delaware
Troxel Realty Co. LLC - Battle Creek, MI
REALTOR®, CRS

I had no idea such a law exists!  I will be that a lot of other people have no idea as well.  I have seen bird nests removed from construction sites before.  Very interesting.

Nov 15, 2011 03:12 PM #13
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Kristin Hamilton
Keller Williams Realty - Redlands, CA
(909) 557-6966, CDPE, SFR, CHS-Redlands/Loma Linda

Hi Michael,

I did not know either and from the comments above I do not think anyone did. I have one in my eaves that has been there for 3 years and is not used in the winter so I was hoping to remove it but  not sure of the bird, think it is a robin so I guess I am not supposed to move it since she will be back in ths spring. It is in my pictures above and you can see how the painter just left it and painted around it last summer? I guess he knew!

Perhaps they do not know or choose to ignore the rules. They can fine them and I believe I read $10,000 first offense.

 

Nov 15, 2011 03:36 PM #14
Rainmaker
1,227,333
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

I will never forget that I worked at a software development company, which had it's beautiful state of the art Research and Development center, targeted as prime real estate for thousands of swallows during nest building time, one spring.

We all watched for months, while the nests were tended to by the parent birds, and the babies learned to fly and become independent. . .BUT, come autumn, when nesting was done, the fire department showed up, and spent hours removing the nests from the building.  The R&D Center had come to look like something out of a Hitchcock movie, prior to the cleanup.

Nov 15, 2011 05:55 PM #15
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Kristin Hamilton
Keller Williams Realty - Redlands, CA
(909) 557-6966, CDPE, SFR, CHS-Redlands/Loma Linda

Hi Myrl,

I have been reading about the swallows in San Juan Capistrano. I guess there are two big places in US, San Juan and maybe Nebraska? Can't recall for sure but read about the journey back from South America. Their nests have been infested so now they spray pesticides so they will return to the nests in the spring. Very interesting. Swallows are protected birds. I am surprised the Fire Dept could remove the nests? Thousands of people come to see them return every year. I would like to go so I may watch for sitings this spring.

 

Nov 15, 2011 06:23 PM #16
Rainmaker
735,194
Debbie Walsh
Keller Williams Realty - Middletown, NY
Hudson Valley NY Real Estate 845.928.8000

I never knew about this law either.  Love the pictures!

Nov 15, 2011 07:18 PM #17
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Kristin Hamilton
Keller Williams Realty - Redlands, CA
(909) 557-6966, CDPE, SFR, CHS-Redlands/Loma Linda

Hi Debra,

Yes it seems to be the general consensus that we did not know about this so I am glad I posted it. I love birds and bird nests so much. I am always looking up instead of looking at houses. Must be able to be diversified or you burn out. Thanks for stopping.

Nov 15, 2011 07:36 PM #18
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