Respecting Our Feathered Friends: Ethical Tree Work and the Migratory Bird Act

Written By Joshua Fischbuch

As arborists and tree care professionals, we have a deep appreciation for the natural world. We understand the vital role trees play in our ecosystems, providing shelter, food, and nesting sites for a myriad of creatures. Among these are our migratory bird populations, whose journeys across continents are a testament to the incredible power of nature. It's our ethical responsibility to ensure our work doesn't disrupt these delicate lives, and that's where the Migratory Bird Treaty Act (MBTA) and the practice of nesting bird sweeps become paramount.

The Migratory Bird Treaty Act, a cornerstone of wildlife conservation in North America, makes it illegal to "pursue, hunt, take, capture, kill, possess, sell, barter, or offer for sale, barter, or offer to barter, any migratory bird, any part, nest, or egg of any such bird..." This broad protection encompasses not just the birds themselves, but also their active nests.

For those of us in the tree care industry, this legislation has significant implications. Our work often involves pruning, trimming, and removing trees – precisely the habitats where migratory birds build their nests. Disturbing or destroying an active nest, even unintentionally, can lead to severe penalties under the MBTA.

The Ethical Imperative: Beyond Legal Compliance

While adhering to the law is crucial, our commitment to ethical tree work goes beyond mere compliance. We have a moral obligation to minimize our impact on the environment and the wildlife that depends on it. This means proactively taking steps to avoid harming nesting birds.

The Importance of Nesting Bird Sweeps

This is where the practice of nesting bird sweeps comes into play. A nesting bird sweep is a thorough visual inspection of a tree or vegetation scheduled for work, conducted before any work begins. The goal is to identify any active bird nests.

Here's why nesting bird sweeps are essential for ethical tree work:

  • Preventing Harm: The most obvious benefit is the prevention of direct harm to eggs, nestlings, and adult birds. Disturbing a nest can lead to abandonment, predation, or the death of young birds.

  • Legal Compliance: Conducting sweeps demonstrates due diligence and helps ensure compliance with the MBTA, protecting both the birds and our businesses from potential legal repercussions.

  • Maintaining Biodiversity: By safeguarding nesting sites, we contribute to the health and stability of local bird populations and the overall biodiversity of our ecosystems.

  • Building Trust and Reputation: Clients and the wider community appreciate tree care professionals who demonstrate environmental responsibility. Implementing nesting bird sweeps enhances our reputation and builds trust.

  • Promoting a Culture of Care: Integrating nesting bird sweeps into our standard operating procedures fosters a culture of environmental awareness and respect within our teams.

How to Conduct Effective Nesting Bird Sweeps:

  • Timing is Key: Sweeps should be conducted as close to the start of work as possible, ideally within 24-48 hours, as birds can build nests quickly.

  • Thorough Visual Inspection: This involves carefully examining all parts of the tree, including branches, crotches, cavities, and dense foliage. Binoculars can be helpful for reaching higher areas.

  • Look and Listen: Pay attention to bird activity, such as birds carrying nesting materials, vocalizations indicating the presence of young, or birds repeatedly entering and exiting a specific area.

  • Consider the Breeding Season: Be particularly vigilant during the peak breeding season in your region. In Canada, this generally falls between spring and early summer, but can vary depending on the species and location.

  • Document Findings: Record the date, time, and findings of the sweep. If a nest is found, clearly mark the area and establish a buffer zone where no work can occur until the young have fledged and the nest is no longer active.

  • Training and Awareness: Ensure all team members are properly trained on how to conduct nesting bird sweeps and understand the importance of protecting nesting birds.

What to Do if a Nest is Found:

If an active nest is discovered, work in that immediate area must be halted. A safe buffer zone should be established around the nest, the size of which will depend on the species and the nature of the work. Work can only resume once the young have naturally fledged and the nest is no longer occupied. It's always best to err on the side of caution and consult with local wildlife authorities if you have any doubts.

Conclusion:

Ethical tree work is about more than just technical skill; it's about our responsibility to the environment and the creatures that share it. Integrating nesting bird sweeps into our practices is not just a legal requirement but a fundamental aspect of responsible stewardship. By taking the time to carefully inspect trees before we work, we can protect our migratory bird populations and ensure that our industry operates in harmony with the natural world. Let's all commit to respecting our feathered friends and making nesting bird sweeps a standard practice in ethical tree care.

Joshua Fischbuch