It is prime time to look for bird nests now that leaves have fallen and heavy winter snow has not arrived. Nests such as this Mourning Dove nest are visible and still in fairly good condition. Much can be learned from examining the habitat, exact location, size, shape and construction material of these avian nurseries. But the nests must be left where they are, for possession of not only a bird, but of a bird nest, egg or feather of most migratory birds, even for scientific research or education, is illegal if you do not have a Federal Migratory Bird Scientific Collecting Permit.
Ninety-seven years ago the Migratory Bird Treaty Act (MBTA), one of our oldest wildlife protection laws, was created. Basically it is a law that protects birds from people. It was made in response to the extinction or near-extinction of a number of bird species that were hunted either for sport or for their feathers. According to the United States Fish & Wildlife Service (USFWS), “The MBTA provides that it is unlawful to pursue, hunt, take, capture, kill, possess, sell, purchase, barter, import, export, or transport any migratory bird, or any part, nest, or egg or any such bird, unless authorized under a permit issued by the Secretary of the Interior.” A list of the species this law pertains to can be seen at http://www.fws.gov/migratorybirds/RegulationsPolicies/mbta/MBTANDX.HTML.
Not all North American bird species are protected under the MBTA. (Passenger Pigeons were not protected, and they no longer exist.) Birds that are considered non-native species such as the House Sparrow and the European Starling are not protected, and many hunted or game birds, including ducks, geese, doves, and many shorebirds are subject to limited protection and can be hunted in season.
The U.S. Fish and Wildlife Service is currently working on strengthening this bill to better protect birds from modern-day threats (windmills, cell phone towers, etc.). According to USFWS estimates, power lines kill up to 175 million birds a year. Communications towers account for up to 50 million kills, and uncovered oil waste pits account for up to another 500,000 to 1 million deaths. Data on wind turbines are harder to come by, but current estimates are around 300,000 bird fatalities a year. A number of companies in the oil and power-line sectors have already developed and implemented best practices to protect birds. Let us hope that this trend continues.
Even without much of anything to go on, all answers were correct! Although Cedar Waxwings were the predominant avian visitor to this crab apple tree when I visited it, there were also robins, starlings and crows feasting away (and presumably several other species, including turkeys, as some of you guessed, at other times).
Cedar Waxwings are among the most frugivorous (fruit-eating) birds in North America. In the winter, sugary fruits dominate their diet to such a degree that occasionally, when the fruit has become overripe and has started to ferment and produce alcohol, the waxwings can become intoxicated and, rarely, die. One individual saw that her front lawn was littered with the bodies of dead Cedar Waxwings on top of the snow, but by the time she went out to dispose of them, the drunken birds had all revived and flown away.
During the winter, Cedar Waxwings travel in flocks of up to several hundred birds. They are nomadic, roaming the countryside in search of crab apples, hawthorns and mountain ashes, as well as serviceberry, juniper, winterberry, dogwood and cedar, among others. Waxwings will descend upon a tree en masse and while perched will bend down and pluck crab apple after crab apple, swallowing them whole, one at a time. Occasionally you will see them hovering briefly in the air while plucking fruit. They are well known for “gifting” fruit to fellow waxwings.
Many birds that eat a lot of fruit separate out the seeds and then regurgitate them. Cedar Waxwings let the seeds pass through them, scarifying the seeds in their digestive tract (breaking down their outer seed coat), which, once the seeds are deposited, allows them to eventually germinate. Because of this, waxwings are considered important seed dispersers for many fruiting plants in North America (including the invasive, non-native honeysuckle which, when eaten during the time feathers are developing, causes Cedar Waxwings to develop orange, not yellow, tail bands).