After nesting season is over, what should you do with the old bird nests? Is it illegal to remove bird nests? Get the answer.
After the nesting season is over, you might find a bird nest in a small shrub or near your front porch. You might wonder if you should knock down those nests before birds start nesting again. Is it illegal to remove or get rid of a bird’s nest? Find out what the experts say.
Should You Remove an Old Bird Nest?
“Should we take down a nest left on our garage last year so a blue jay family can make a new one?” asks Birds & Blooms reader Barbara Lepkowski of Plover, Wisconsin.
Birding experts Kenn and Kimberly Kaufman say, “Blue jays usually build nests in trees. Sites on buildings like this are less common. Sometimes a pair will spruce up an old nest and use it again or build a new nest in the same spot, but generally these birds don’t. So if you want them to nest in the same place again, there isn’t much you can do except wait and hope.
Bird Nests Are Protected by Law
Technically, under the Migratory Bird Treaty Act, it’s illegal to remove nests of most native species—even after the birds have finished using them—so that’s another reason to leave the old nest where it is. However, there are some procedures to follow for cleaning out birdhouses and nest boxes.
The law states that it is illegal to take, possess, import, export, transport, sell, purchase or barter any part of a nest or bird eggs unless you hold a valid permit.
A few non-native species are excluded, such as house sparrows and European starlings. But it’s safe to assume most bird nests you find are protected.
About the Experts
Kenn and Kimberly Kaufman are the official bird experts for Birds & Blooms. They are the creators of the Kaufman Field Guide series and they lead birding trips all over the world.
