Minuteman, I agree with your logic, FWIW, but I think Raygun's view is what the legal process would follow (yes, I think it is absurd as well.)
I have spent the last two springs watching the Thrushes diligently building nests in my garden, only to have Magpies attack and destroy the clutch. The only reason I haven't opened up is this doubt about interpretation of wildbird protection.
A