Woodpecker Nest - When can I remove the tree?

[under_the_hill]

Customer has a dead maple they want removed. A pair of woodpeckers took up in it back around March. I went out there then and it looked like they were nesting, so I negotiated with the customer to wait until now to remove the tree. I took video today (camera mounted on pole saw) and don't see any hatchlings in the hole. The pair was still hanging around as I took video, however.

What considerations should I take before removing the tree? I considered cutting out the section they were living in and offering to strap it to a larger tree nearby for the remainder of the year.

 

[Marine5068]

I'm guessing when they've fledged.

 

[under_the_hill]

Thank you. I just realized that I don't know where birds sleep, but I guess they only need the nests for when they are laying eggs.

 

[BC WetCoast]

Check you local wildlife protection regulations ie statutes

Here are the BC Regulations,
Bird Nesting
BIRDS, EGGS AND NEST TREES ARE PROTECTED BY LAW. Section 34 of the B.C. Wildlife Act is the law that provides year-round protection to birds' nests:
A person commits an offence if the person, except as provided by regulation, possesses, takes, injures, molests or destroys
(a) a bird or its egg,
(b) the nest of an eagle, peregrine falcon, gyrfalcon, osprey, heron or burrowing owl, or
(c) the nest of a bird not referred to in paragraph (b) when the nest is occupied by a bird or its egg.

If you wish to remove or modify nest trees, you must seek permission and obtain a written permit from the Ministry of Environment's Permit & Authorization Service Bureau AND you should check with Environment Canada to see if a federal permit is required under the Migratory Birds Convention Act regulations.

There are windows defined in the Act as well.

 

[beastmaster]

I have cut and moved woodpeckers nests to other trees in the past. Maybe violating federal laws.
I've wired them up in near by trees or poles with seemly success. With the woodpecker returning. I always try to be bird friendly. Often talking a customer in to leaveing a section of tree untrimmed. Same for squirrel nest. I've moved whole bee hives a time or two intact by sealing the hive and cutting it out then transferring it to a new location.
Ive probably wiped out a few nests and hive too here and there. But its good not to piss off mother nature to much.

 

[under_the_hill]

BC WetCoast & beastmaster - Thank you. In interest of education, I will say that the nest was much deeper than I thought, probably 4-5 inches below the hole line and my camera did not capture everything. You would probably need a mirror like a dentist uses or a camera on a probe to get the full view.