Summary
Migratory birds and their active nests are protected from certain activities, including take, by the federal Migratory Bird Treaty Act (MBTA). That Act, including its protective provisions, also is incorporated into the Florida Fish and Wildlife Conservation Commission’s (FWC) rules in Chapter 16, F.A.C. Federal policy clarifying application of the MBTA to nest destruction indicates that no federal permit or other authorization is needed to destroy an inactive nest. FWC rules do not currently include language making this distinction between active and inactive nest. This proposed rule provides that language.