Active nest halt

Definition

The federal policy that halts a removal while a nest in the tree holds eggs or nestlings.

Why It Matters

Federal law makes it unlawful at any time to take the nest of a migratory bird, and the misdemeanor names no intent, so a crew that did not know is still inside the prohibition. The Fish and Wildlife Service's January 2025 nest memorandum draws the working line, and now calls an active nest in use. An inactive nest can be destroyed without a permit if nobody keeps it, a nest holding viable eggs or nestlings needs authorization, and proving the nest inactive is the crew's job. Whether the act reaches a take nobody intended is argued between the circuits and the answer has moved with administrations, which is a reason to run the survey and not a reason to skip it. The trap is the calendar everybody quotes: no statute names months, and the practical risk concentrates on the spring and summer removals a crew most wants. A company that runs a written pre-removal nest survey has turned that exposure into a scheduling problem. One that does not has a liability nobody has priced. Ask to see the survey protocol and who signs it before a saw starts.