I was contacted about this by someone named Tanya, who submitted her questions via our website (www.aviary.org). Unfortunately, she must have typed in her email incorrectly, because my reply to her bounced back. Because the information I was going to share with her may be of interest to those who are following this story here, I am copying it below:
From: Tanya
Message Body:
There are two American kestrel falcons with a active nest in a 400 year old oak tree in Tumwater Washington. We have video of the falcons and one is white. The mayor wants to tree removed even though it is healthy and there are arborists who are volunteering to do a assessment because the city’s was flawed. The mayor has been notified that destroying the tree and active nest of the falcons is a federal violation f the migratory species act and her attorney said that law pertains to hunters. This is false as you know. The city wants to remove the tree in one day, unless we can find so one to help us. Please don’t let them destroy these baby falcons and their home and this majestic tree. Let me know what I can to to help thank you
Dear Tanya,
Contact the Washington Department of Fish and Wildlife right away. https://wdfw.wa.gov/about/enforcement
It is illegal to interfere with the nesting of a wild bird species without special exception permits, and I doubt that the mayor’s office has bothered to get one of those. Indeed, they probably would be turned down even if they applied for it. The nest will reach its natural conclusion before too long, and then the discussion about the tree removal can begin.
If they do end up removing the tree, you can proactively provide a replacement nest site for the birds for next year by finding a place nearby where you can erect a kestrel box on a tall pole (even a utility pole if there is one nearby, although that will require special permission from the utility company; but, they usually are happy to help with projects like that and may even fund it).
Good luck---I hope you succeed in delaying any disturbance to the kestrel nest until after the young have all fledged.
Best,
Bob
Robert S. Mulvihill
Ornithologist
Department of Conservation and Field Research
National Aviary
700 Arch Street
Pittsburgh, PA 15212
Main: 412-323-7235
Direct: 412-522-5729
Email: robert.mulvihill@aviary.org
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