Encountering a bird’s nest can lead to questions about appropriate actions. This guide provides information on managing bird nests responsibly, ensuring both human and avian well-being.
Understanding Legal Protections
Most native bird species, along with their nests, eggs, and young, are protected under federal law in the United States by the Migratory Bird Treaty Act (MBTA) of 1918. This legislation makes it illegal to disturb, harm, or possess migratory birds or their parts, nests, or eggs without appropriate permits. Disturbing or removing an active nest is generally prohibited by this act. Violations can result in significant penalties, including fines up to $15,000 and imprisonment for up to six months for misdemeanor offenses. State laws may also offer additional protections.
While the MBTA protects nests containing eggs or young, it does not prohibit the destruction of an empty nest, provided no possession occurs. This distinction is important for property owners who may need to clear old nests.
Responding to an Active Nest
An active bird’s nest is identified by the presence of eggs or chicks, or by consistent activity from parent birds, such as frequent visits with food or nesting materials, or agitated behavior indicating their presence. If a nest is active, the primary course of action is to avoid disturbance and observe from a distance, ideally at least 20 yards away. Most small songbirds remain in the nest for about 10 to 14 days before fledging. Incubation periods for songbirds range from 10 days to two weeks, so the entire process from egg-laying to fledging can take approximately two to three weeks for many species. Larger birds, such as raptors, may stay in the nest for several weeks or even months before departing.
Young birds, known as fledglings, may appear vulnerable on the ground or in low shrubs after leaving the nest, but they are still being cared for by their parents. It is best to avoid touching eggs or chicks, as direct human interaction can stress the parents and potentially lead them to abandon the nest, although the myth that parents reject young due to human scent is not accurate. If a young bird appears injured or genuinely abandoned, contacting a local wildlife rehabilitator is the appropriate step for guidance.
Managing an Empty or Abandoned Nest
Determining if a nest is truly empty or abandoned requires careful observation. Signs of an inactive nest include an absence of parent bird activity for an extended period. If eggs are present, it is best to wait approximately four weeks from the last observed adult activity to account for potential incubation delays before concluding the nest is abandoned. Nests that are broken, incomplete, or showing no signs of having been used for breeding purposes are also considered inactive.
Once it is clear that a nest is no longer active and poses no risk to birds, it may be permissible to remove it, especially if its location is problematic. When removing an inactive nest, it is best to wear protective gloves and carefully check for any remaining contents. The nest can then be disposed of in a compost pile or a sealed trash receptacle, and the area should be cleaned. Some bird species might reuse old nests, or other species could utilize them, so consideration should be given before removal.
Discouraging Nests in Unwanted Locations
Proactive measures can be taken to prevent birds from building nests in inconvenient or hazardous locations before nesting season begins. Sealing potential entry points such as holes, cracks, dryer vents, and chimneys with mesh, wire, or boards can effectively deter birds from nesting inside structures. Installing physical barriers like bird spikes can prevent birds from perching or nesting on ledges and other surfaces.
Other deterrents include hanging reflective objects like tape or old CDs, installing wind chimes, or using motion-activated lights. While these visual and auditory deterrents can be effective initially, birds are intelligent and may eventually habituate to them. Maintaining a clean yard by removing debris and regularly trimming trees and bushes can also make an area less appealing for nesting. For persistent issues, citrus-based repellents can deter birds from specific spots.
Promoting Bird-Friendly Environments
Beyond managing specific nests, individuals can contribute to the well-being of local bird populations by fostering bird-friendly environments. Providing a consistent source of fresh water, such as a clean birdbath or fountain, is beneficial year-round. Planting native vegetation offers birds natural food sources like seeds, berries, nectar, and insects, while also providing shelter and nesting sites.
Maintaining bird feeders responsibly by ensuring they are clean helps prevent disease transmission among birds. Controlling pets, particularly cats, is another important step to protect birds, as domestic animals can pose a significant threat to avian wildlife. Leaving fallen leaves and creating brush piles can provide foraging opportunities and shelter for birds and other small wildlife.