It seems to me that relocating the basket to a spot with less human traffic would be beneficial to the birds and more conducive to nesting success. While this may be technically a violation of the law, it does not in my opinion fly in the face of the intent of the law.
I have redirected traffic at my home to avoid stressing nesting E Phoebes, and have also blocked access to certain spots favored by them so that nests wouldn't be built in a place where close human traffic would stress the birds. I am not suggesting anyone should break the law (a wonderful and necessary one IMO), just sharing my take on the situation. On Mon, Jun 15, 2020 at 10:34 AM <k...@empireaccess.net> wrote: > For the gentleman who intends to move a House Finch nest. It would be a > violation of the MBTA > Here's a quick but inclusive overview: > > The Migratory Bird Treaty Act of 1918, codified at 16 U.S.C. §§ 703–712, > is a United States federal law, first enacted in 1916 to implement the > convention for the protection of migratory birds between the United States > and Great Britain. The statute makes it unlawful without a waiver to > pursue, hunt, take, capture, kill, or sell birds listed therein as > migratory birds. The statute does not discriminate between live or dead > birds and also grants full protection to any bird parts including feathers, > eggs, and nests. Over 800 species are currently on the list. > -- > John and Sue Gregoire > 5373 Fitzgerald Rd > Burdett, NY 14818-9626 > "Conserve and Create Habitat" > N 42.44307 W 76.75784 > -- > *Cayugabirds-L List Info:* > Welcome and Basics <http://www.northeastbirding.com/CayugabirdsWELCOME> > Rules and Information <http://www.northeastbirding.com/CayugabirdsRULES> > Subscribe, Configuration and Leave > <http://www.northeastbirding.com/CayugabirdsSubscribeConfigurationLeave.htm> > *Archives:* > The Mail Archive > <http://email@example.com/maillist.html> > Surfbirds <http://www.surfbirds.com/birdingmail/Group/Cayugabirds> > BirdingOnThe.Net <http://birdingonthe.net/mailinglists/CAYU.html> > *Please submit your observations to eBird > <http://ebird.org/content/ebird/>!* > -- > -- asher hockett Albuquerque NM -- Cayugabirds-L List Info: http://www.NortheastBirding.com/CayugabirdsWELCOME http://www.NortheastBirding.com/CayugabirdsRULES http://www.NortheastBirding.com/CayugabirdsSubscribeConfigurationLeave.htm ARCHIVES: 1) http://firstname.lastname@example.org/maillist.html 2) http://www.surfbirds.com/birdingmail/Group/Cayugabirds 3) http://birdingonthe.net/mailinglists/CAYU.html Please submit your observations to eBird: http://ebird.org/content/ebird/ --