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O Active nests (nests with eggs or nestlings) are protected under the Migratory Bird Treaty Act and cannot be removed without a federal permit. Inactive or empty nests can be removed without any permits. Outside of the hunting season, a state depredation permit is always required to take crows.
The primary threats to the Florida scrub-jay are habitat destruction, fragmentation, and degradation from development and agriculture. Much of the scrub habitat has been altered for agricultural lands and development.
The Audubon's crested caracara is protected by the U.S. Migratory Bird Treaty Act. It is also protected as a Threatened species by the Federal Endangered Species Act and as a Federally-designated Threatened species by Florida's Endangered and Threatened Species Rule.
Trapping songbirds is now illegal in Florida. A new rule created by the Florida Fish and Wildlife Conservation Commission (FWC) to help protect Florida's native songbirds from illegal capture takes effect this week. The new rule, which takes effect Oct. 3, is in Chapter 68A-16, F.A.C.
All birds, their nests and eggs are protected by law and it is thus an offence, with certain exceptions (see Exceptions), to: Intentionally kill, injure or take any wild bird. Intentionally take, damage or destroy the nest of any wild bird while it is in use or being built.
Legal status. All Florida raptors are protected under the federal Migratory Bird Treaty Act and under Florida law. This means the birds themselves, their nests, and their eggs are protected by federal and state law.
For instance, all native and nongame migratory birds, except blackbirds, grackles, cowbirds, and crows causing damage to trees, crops, livestock, or wildlife, are protected. Established exotic birds (English Sparrow, European Starling, Rock Dove (common pigeon), Muscovy Duck) are not protected.