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Migratory bird



quincy

Senior Member
#4
Although weakened considerably by the current administration's changes to the law, the 100-year old Migratory Bird Treaty Act makes it illegal to capture or possess, hunt or kill, or import or export, any migratory bird. Also, without a permit, it is illegal to collect migratory birds' nests, eggs or feathers.

Last month, an assortment of conservation groups sued the Trump Administration over changes in the law that relieves the US Fish and Wildlife Service of their duty to enforce "incidental" violations of the law. The change in enforcement duties is one that the oil and gas industries supported - the oil and gas industries being the biggest violators in the past of the Migratory Bird Treaty Act.

If you have a question regarding migratory birds and their nests, Towerdawgdonnie, it would help us help you if you let us know what it is. :)

Thanks.
 
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not2cleverRed

Obvious Observer
#7
Yes, there are migratory birds that occasionally pass through Ohio. And this time of year, many birds nest and raise babies.

Avoid disrupting migratory bird nests. This may mean not pruning bushes or cutting down trees that contain a nest.

If you do disrupt a migratory birds nest, that is a crime. However, no one is willing to prosecute the raccoon that destroyed the robin's nest by my front walkway. (Poor babies were killed on their hatch day. :cry:)
 

quincy

Senior Member
#8
... Avoid disrupting migratory bird nests. This may mean not pruning bushes or cutting down trees that contain a nest. Thanks to changes in the law.

If you do disrupt a migratory birds nest, that is a crime ...
... but possibly an unenforced/unenforceable crime if the nest disturbance is incidental to the tree pruning.
 

not2cleverRed

Obvious Observer
#9
... but possibly an unenforced/unenforceable crime if the nest disturbance is incidental to the tree pruning.
It's still a federal crime. https://www.sfgate.com/bayarea/article/Tree-trimmer-to-face-federal-charges-in-Oakland-5496220.php

Rarely enforced - just like if I pick up a molted feather from a migratory bird in my yard while raking, I'm probably safe from prosecution, even though it's still a violation of the Migratory Bird Act. I don't complain when the wild birds use my birds' molted feathers to line their nests, so it seems a little unfair.
 

quincy

Senior Member
#10
If it is an incidental violation, it no longer has to be enforced - that if the violation is even discovered which, in your feather-when-raking-leaves example, would be unlikely.

Your link was to a 2014 story, by the way. Trump made changes to the law at the end of 2017. Although I would hope violations of the sort described in the linked article would still be enforced, "incidental" violations will no longer be enforced by the US Fish and Wildlife Service.
 
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#11
And what is your question? You can just reply here and provide the relevant facts and what it is you want to know.
I got given time off work as for reporting a nest on a job site. Robin nest containing eggs. The site was shut down for 45 days. I wonder if I should sue under whistle blower retaliation. I don't know who I should be talking to. I also have texts of him giving me time off, and specifying it was for reporting the bird
 
#13
I got given time off work as for reporting a nest on a job site. Robin nest containing eggs. The site was shut down for 45 days. I wonder if I should sue under whistle blower retaliation. I don't know who I should be talking to. I also have texts of him giving me time off, and specifying it was for reporting the bird
To whom did you report the bird’s eggs? Someone in the company, or a government agency? If a government agency, which one? And how much pay did you lose over reporting this (as opposed to the 45 days of time off that everyone might have got due to the shut down)?
 

quincy

Senior Member
#14
I got given time off work as for reporting a nest on a job site. Robin nest containing eggs. The site was shut down for 45 days. I wonder if I should sue under whistle blower retaliation. I don't know who I should be talking to. I also have texts of him giving me time off, and specifying it was for reporting the bird
First, I want to thank you for protecting Michigan's state bird.

What type of work was being done at the site that required all work to halt because of the bird's nest? Robins often nest in populated urban areas so most work would not disturb a robin and its nest, eggs, or baby birds.