Federal guidelines; All nests are deemed inactive from September through February when ospreys are at their wintering grounds in Central and South America. Inactive nests do not need a migratory bird permit or permission to remove nests.
Ospreys return year after year in early March, often re-occupying the same nesting territories. A nest is considered inactive if there are no eggs or young present in the nest. Active nests that fail to hatch by July 15 are no longer considered active, and can be treated the same as inactive nests.
A nest should only be removed if it threatens human health or safety, poses potential risk of injury to the osprey parents or their offspring, or conflicts with normal use or function of property or equipment.
Be advised, once removal of a nest has begun, you must be vigilant and continue to remove sticks. Ospreys are persistent nest builders and will do so for several weeks to follow. If ospreys lay eggs while you are actively trying to remove the nest, you must cease all activities.