Is it illegal to remove a bird's nest in Texas?

AUSTIN (KXAN) — A KXAN viewer's discovery of a nest full of baby cardinals in her backyard begged the following question: Is it illegal to remove or handle a bird's nest in Texas?

Central Texas resident Julia Maloy went to trim a small, bushy tree in her backyard when she spotted the babies. She said she was tipped off by an adult cardinal flying close to the bush.

A spokesperson for the Texas Parks and Wildlife Department said both state and federal legislation prohibit the intentional removal or destruction of nongame birds, their eggs and nests.

The federal Migratory Bird Treaty Act of 1918 guarantees federal protection to nongame birds, their eggs and nests.

"No person may destroy or take the nest, eggs, or young of any wild game bird, wild bird, or wild fowl protected by this code except as provided in this code," Parks and Wildlife Code Ch. 64 reads. In Texas, birds' breeding season typically spikes between March and August each year but can fluctuate between species, the TPWD spokesperson said.

Any property owners with trees in need of trimmings should wait until after breeding season passes before tending to trees. If a tree is in need of more immediate attention, TPWD suggested carefully inspecting the tree to identify any possible nests or birds residing in it before trimming.