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.