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

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 <> 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
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asher hockett
Albuquerque  NM


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