I also believe relocating the basket as you suggested earlier would be
the wise response. Removing the nest and retaining the basket would not.
The things we do for the birds -your actions like ours Asher.
John

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John and Sue Gregoire
5373 Fitzgerald Rd
Burdett, NY 14818-9626
"Conserve and Create Habitat"
N 42.44307 W 76.75784 
On 2020-06-15 17:05, Asher Hockett wrote:

> 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. ยงยง 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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