American Robin Nest, Ohio

Every Spring and Summer it happens. Smart birds, like this American Robin, build their nests in perfect places for them, but imperfect places for us. American Robins usually nest in trees, but when your house, or structures around your house, provide even better places for a Robin’s nest, your home may become a short-term Robin nursery. It’s easy and inexpensive to provide deterrents to bird nesting around your property and it’s also something you’ll want to do.  Why? Once a bird like an American Robin builds a nest and occupies it, if you live in North America, federal law prevents you from relocating or doing anything else to the nest (e.g., power washing it off your house) until the nest is unoccupied.  It doesn’t matter if the nest was built in an inconvenient place for you, or it’s leaving gross bird poop on your siding, under federal law, we must wait it out.

 

What the Law Says

If you live in North America, American Robins are a migratory, native species and therefore protected under the Migratory Bird Treaty Act (MBTA). The United States Fish and Wildlife Service (USFWS) under the U.S. Department of Interior administers the MBTA. USFWS tells us:

 

• “Most bird nests are protected under the Migratory Bird Treaty Act (MBTA)”

 

• “No person may take (kill), possess, import, export, transport, sell, purchase, barter, or offer for sale, any migratory bird, or the parts, nests, or eggs of such bird except as may be permitted under the terms of a valid permit.”

 

• “Under the MBTA it is illegal to destroy a nest that has eggs or chicks in it or if there are young birds that are still dependent on the nest for survival. It is also illegal for anyone to keep a nest they take out of a tree or find on the ground unless they have a permit to do so issued by the U.S. Fish and Wildlife Service.”

 

That’s clear to me, but to sum it up, it generally doesn’t matter if the nest was built in an inconvenient place for you, or it’s leaving gross bird poop on your house or around your house, under federal law, we must wait it out. Be aware that you could face a hefty fine if you decide to take matters into your own hands and remove or relocate a federally protected nest. 

 

American Robin Nestlings, Ohio

 

Good News - We Have Some Control over These Good Mom Birds

American Robins may start scouting out nesting areas as early as January.  Before January – preferably well before January if you’re in a cold climate – install bird nesting deterrents. You could place these where you’ve seen Robins nest before or where you see the bird just starting to place its nesting materials. Keep in mind that American Robins nest in gutters, eaves, on outdoor light fixtures, and other structures that are well-protected and elevated spaces. There’s a variety of inexpensive and easy-to-install bird nesting deterrents; here’s one source, https://chirpforbirds.com/how-to/how-to-stop-birds-from-building-nests-on-your-house/

 

More Good News – Baby Robins Leave the Nest Immensely Faster Than Human Kids

If you saw the nest too late, or couldn’t get your bird nest deterrents up in time, the babies will leave the nest in a very short time. Once the eggs are laid, American Robins incubate them for about two weeks until hatched. From that time, it’s only about another two weeks before any surviving chicks will fledge, or leave, the nest. That’s fast.

 

American Robin, Ready To Fledge the Nest, Ohio

 

When it’s Okay to Move a Nest

Not all bird species are native or have federal protection under the MBTA, such as starlings and some sparrows.  There are only two times when it’s ok to move a nest of a MBTA protected bird:

 

• The nest is no longer in use.

 

• The nest was built in a birdhouse.

 

Help is Out There

If you find yourself in the company of a good Robin mom, or any bird, who decided your property was the perfect place to raise her kids, there are resources to help. One of the first places I recommend is contacting your local, or nearest, licensed Wildlife Rehabilitator.  The National Wildlife Rehabilitator’s Association, where I’m a member, maintains a nationwide list, https://www.nwrawildlife.org/page/Found_Injured_Wildlife as does the Humane Society, https://www.humanesociety.org/resources/how-find-wildlife-rehabilitator.  If necessary, you may also consult with your State Wildlife Agency or County/District Wildlife Biologist.

Good American Robin Mom, Ohio

 

Helpful Resources:

https://www.allaboutbirds.org/guide/American_Robin/overview

https://en.wikipedia.org/wiki/American_robin

https://www.wbu.com/birds/robins/

https://www.fws.gov/law/migratory-bird-treaty-act-1918

https://www.fws.gov/story/bird-nests