Finding a duck nest often brings the impulse to intervene if the location appears unsafe or inconvenient. However, the definitive answer to whether you can move a duck nest with eggs is no. These nests are protected by law, and unauthorized interference is illegal and highly detrimental to the duck’s chances of successfully raising her young. The safest approach is to understand the legal protections and biological realities before taking any action.
The Laws Protecting Duck Nests
Interfering with a duck nest in the United States and Canada is prohibited by federal law, specifically the Migratory Bird Treaty Act (MBTA) in the U.S. and the Migratory Birds Convention Act (MBCA) in Canada. These laws protect nearly all native bird species, including common ducks like the Mallard, along with their nests and eggs. The MBTA makes it unlawful to “take, capture, kill, or sell” any migratory bird, which includes disturbing their eggs and nests without a permit.
This protection applies regardless of whether the nest is located in a private yard or a public space. Unauthorized disturbance or removal of an active nest—one containing eggs or dependent young—can result in significant penalties. Violations are often treated as a federal misdemeanor, which may involve substantial fines and potential jail time.
Biological Risks of Disturbing the Nest
The legal restrictions are rooted in the biological risk that human interference poses to the nesting process. A female duck, or hen, selects her nesting site based on specific criteria, often favoring dense cover for camouflage and proximity to water. Moving a nest, even a short distance, can cause the mother duck to abandon the eggs entirely.
Ducks rely on the precise location and structure of the nest bowl to regulate the temperature and humidity necessary for embryonic development. If the nest is moved, the hen may not recognize the new location, or subtle changes in scent or environment can trigger abandonment. Loss of the mother’s consistent incubation, even briefly, can cause the eggs to chill, halting development and preventing hatching.
Immediate Actions When a Nest is Found
If you discover a duck nest on your property, the immediate and safest action is to stop all activity near the site and leave the nest undisturbed. The priority is to secure the surrounding area to minimize the risk of accidental harm from pets, children, or vehicles. Creating a temporary visual barrier, such as caution tape or a small fence, can help to physically and visually isolate the nesting area.
It is important to observe the nest from a distance and avoid walking directly toward it, as this can scare the hen off and potentially expose the eggs to predators. Do not attempt to feed the mother duck, as introduced food sources can attract unwanted predators like raccoons, skunks, and crows, which pose a direct threat to the eggs. The most constructive step is to contact a local or state wildlife agency or a licensed wildlife rehabilitator for guidance. These professionals can provide advice specific to your location and the species of duck involved, managing expectations for the expected incubation period.
Options for Emergency Relocation
Relocation should only be considered as an absolute last resort when the nest is in imminent, unavoidable danger, such as a scheduled demolition, active construction, or an uncontrollable flood risk. In these rare emergency situations, the average person is still not authorized to move the nest. Any intervention must be coordinated and executed by authorized personnel.
The process requires contacting a federal or state authority, such as the U.S. Fish and Wildlife Service (USFWS) or the Canadian Wildlife Service, or a licensed wildlife rehabilitator. These experts may be able to advise on temporary protective measures or, in extreme cases, initiate the complex process of obtaining a special permit. This permit, sometimes called a depredation permit, is legally required for the removal or interference with an active nest and is only issued under very limited circumstances when human health or safety is at risk.