Ignorance can be illegal, and it can kill

Protecting nests, nestlings, fledglings and parents under the Migratory Bird Treaty Act.

On Tuesday of this week, a person using Animal Help Now’s Wildlife Emergency service emailed a wildlife rehabilitator with questions about robin nests and nestlings. To whit:

My husband and I are renovating a very old farmhouse and have found several baby robins in the roof. We are removing that part of the roof so we had to remove them. We left them outside for the mama bird to return but she never did. We found 2 other nests earlier this week and tried to put them in trees and bushes but sadly, all ended up dead. I’m spiraling because I don’t want these to end up dead either. I spoke with someone in town and fed them some mushed up baby food mixed with yolk and water but I can’t keep doing that every 30 minutes during the day. I have 3 kids ha! I found this contact on a rescue site, I’m not sure if I am able to bring them to your facility or if you have any advice for me on what to do or where to go?

The good news, I guess, is that a rehabilitator was able to get to the location and rescue the surviving nestlings.

But gee whiz. What a tragedy, and a preventable one, at that.

Actual photo of final surviving nestlings shortly before rescue. We don’t know how many will survive rehabilitation.

It’s a sad fact that many people don’t know that what this person did was not only a fairly certain death sentence, it was illegal. I’m pretty sure she didn’t. I hope not.

The Migratory Bird Treaty Act (MBTA) makes it illegal to pursue, hunt, take, capture, kill, or possess migratory birds, their nests, or their eggs without a valid permit. The term “take” includes disturbing or destroying active nests—those with eggs or chicks. And, yes, American robins are migratory birds and protected by the MBTA.

When I was rebuilding my home after the Marshall Fire, a robin family took up residence on the lower level. I told the builder to hold off on further work in that area until the babies had fledged and flown off. He seemed to think my request was quaint. I shudder to think how many nestlings lose their lives – and how many parents suffer heartache – due to the ignorance of homeowners or the shoot-shovel-shutup mindset of many (most?) homebuilders.

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