50 CFR 10.13: List of Migratory Birds Protected Under Federal Law

The 50 CFR 10.13 list of migratory birds is the U.S. Fish and Wildlife Service’s official roster of every bird species protected under the Migratory Bird Treaty Act. It covers more than 1,000 species, from backyard songbirds to coastal seabirds, and once a bird is on it, federal law makes it a crime to hunt, capture, kill, or possess that bird (or its feathers, eggs, or nest) without a permit. The Service maintains the list under four international treaties the United States signed with Canada, Mexico, Japan, and Russia.1U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918

Which Birds Are On the List

A species is included if it belongs to a taxonomic family covered by one of the four treaties and occurs naturally in the United States or its territories. “Naturally” means the species arrived through biological or ecological processes, not human introduction. That covers the mainland, Hawaii, Puerto Rico, and Guam.2eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act

The word “migratory” in the statute is misleading. A bird qualifies based on its family, not on whether the individual bird ever crosses a border. A Northern Cardinal that spends its whole life in one suburban yard gets the same federal protection as a Swainson’s Thrush that flies thousands of miles between seasons.3Federal Register. General Provisions; Revised List of Migratory Birds

Most native birds you see in the United States are on the list. Waterfowl (ducks, geese, swans) are heavily represented. So are shorebirds like sandpipers and plovers, songbirds like warblers, thrushes, and sparrows, raptors including hawks, owls, and falcons, and smaller groups like hummingbirds, swifts, and swallows. Each species is identified by both its common and scientific name. Population size does not matter for listing: a species with millions of individuals has the same legal standing as one nearing extinction.2eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act

Which Birds Are Not On the List

The Migratory Bird Treaty Reform Act of 2004 narrowed the law to native species only. Any bird present in the United States solely because humans brought it here is excluded, which leaves several common species with no protection under this law.4Federal Register. List of Bird Species To Which the Migratory Bird Treaty Act Does Not Apply

The prominent examples are the House Sparrow (introduced from Europe in the 1850s), the European Starling (released in New York City in 1890), the Rock Pigeon (brought over by early colonists), and the Mute Swan (an ornamental import). Entire families also sit outside the treaties: parrots, Old World sparrows, starlings (with narrow exceptions under the Japan treaty), and introduced gamebirds like pheasants. The Fish and Wildlife Service publishes a companion list of 122 non-native, human-introduced species in otherwise protected families that do not receive MBTA coverage.4Federal Register. List of Bird Species To Which the Migratory Bird Treaty Act Does Not Apply

Being off the MBTA list does not mean a bird has zero legal protection. State laws and the Endangered Species Act may still apply, and states sometimes regulate species like the Mute Swan on their own.

What the Listing Legally Prohibits

Once a species is on 50 CFR 10.13, it falls under 16 U.S.C. 703. That statute makes it illegal to hunt, capture, kill, or possess any listed bird without a permit. The ban extends to parts of the bird: feathers, talons, eggs, nests, and any product made from them. Selling, bartering, shipping, importing, and exporting are all covered. Picking up a feather off the ground and keeping it technically violates federal law.5Office of the Law Revision Counsel. 16 USC 703 – Taking, Killing, or Possessing Migratory Birds Unlawful

Attempts count too. The statute uses the phrase “attempt to take, capture, or kill,” so an unsuccessful hunt can still be prosecuted.5Office of the Law Revision Counsel. 16 USC 703 – Taking, Killing, or Possessing Migratory Birds Unlawful

Penalties

Most violations are misdemeanors under 16 U.S.C. 707(a), carrying a fine of up to $15,000 and up to six months in jail. Knowingly violating the law with the intent to sell or barter birds is a felony under 16 U.S.C. 707(b), with a statutory fine of up to $2,000 and up to two years of imprisonment. The general federal sentencing statute at 18 U.S.C. 3571 can push fines higher than what the MBTA itself specifies, which is why some enforcement actions cite larger amounts.

What an Ordinary Person Can Legally Do

The prohibitions are broad, but a few narrow things are allowed without a permit.

Found dead birds. You may pick one up for the limited purpose of donating it to a permitted institution. You cannot keep it for personal use, and you must dispose of it within seven calendar days unless the Service directs otherwise. If you find five or more dead birds in one place, or suspect they were killed illegally, notify the Service’s Office of Law Enforcement before touching anything.6eCFR. 50 CFR Part 21 – Migratory Bird Permits

Sick or injured birds. You may pick up a sick, injured, or orphaned migratory bird and transport it to a licensed wildlife rehabilitator or veterinarian. That is the one hands-on thing an unpermitted person can lawfully do. You cannot try to care for the bird yourself, keep it at home, or pass it to a friend. The law treats unpermitted possession the same whether the intent was rescue or collection.7eCFR. 50 CFR 21.76 – Rehabilitation Permits

Licensed rehabilitators hold federal rehabilitation permits requiring at least 100 hours of hands-on experience over a minimum of one year, adequate facilities, a relationship with a licensed veterinarian, and any required state permits. Birds must be released to suitable habitat as soon as conditions allow, and rehabilitators must keep records for five years.7eCFR. 50 CFR 21.76 – Rehabilitation Permits

Permits for Legal Uses

Everything else that involves handling listed birds runs through the federal permit system. Applications go to the Fish and Wildlife Service’s regional migratory bird permit offices.6eCFR. 50 CFR Part 21 – Migratory Bird Permits

  • Depredation permits for situations where birds are damaging crops, property, or livestock. The application must describe the damage, species, and area. If lethal control is authorized, only a shoulder-fired shotgun no larger than 10-gauge may be used, and killed birds must be turned over to a government representative. Scaring birds away needs no permit, provided they are not endangered, threatened, or eagles.8eCFR. 50 CFR Part 21 Subpart D – Provisions for Depredating, Overabundant, or Otherwise Injurious Birds
  • Scientific collecting permits for researchers and educators who need to take, transport, or possess birds and their parts. Permits last up to three years, and specimens must eventually go to a public scientific or educational institution.
  • Taxidermy permits for anyone performing taxidermy on migratory birds for other people. Valid up to five years, with detailed record-keeping required.
  • Falconry permits issued by state, tribal, or territorial authorities rather than the federal government directly, in three levels: Apprentice, General, and Master.

How This Differs From the Endangered Species Act

The MBTA and the Endangered Species Act protect birds differently, and confusing them creates real problems for landowners, developers, and agencies.

  • Habitat destruction. The MBTA says nothing about habitat. You can clear a forest full of nesting warblers and face no MBTA liability for destroying the habitat itself, though killing birds in the process would violate the law. The Endangered Species Act treats habitat destruction as a form of “harm” that can qualify as an illegal take.
  • Unoccupied nests. Under the MBTA, an empty nest with no birds or eggs is generally not protected. Under the Endangered Species Act, even an unoccupied nest can be protected if the species is listed.
  • Behavioral disruption. The MBTA does not prohibit harassing birds. The Endangered Species Act does, defining “harass” as conduct that significantly disrupts breeding, feeding, or sheltering.
  • Agency consultation. Federal agencies are not required to consult with the Fish and Wildlife Service before actions that might affect MBTA-listed birds. The Endangered Species Act requires formal consultation whenever a federal action could jeopardize a listed species.

A bird can be covered by both laws at once. The Whooping Crane appears on 50 CFR 10.13 and is also listed as endangered, so the Endangered Species Act’s stronger protections layer on top of the MBTA’s baseline.

How the List Gets Updated

The Fish and Wildlife Service revises 50 CFR 10.13 periodically to keep it current with taxonomic science. The most recent major revision took effect in 2023.1U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918 Revisions go through standard federal rulemaking: proposed changes are published in the Federal Register with a public comment period, typically 60 days, during which anyone can submit evidence about a species’ status or classification.3Federal Register. General Provisions; Revised List of Migratory Birds

Updates are usually driven by new taxonomic research: a species gets split into two, two species get lumped into one, a common name changes, or new data confirms a species occurs naturally in U.S. territory. The 2023 revision relied primarily on the American Ornithological Society’s checklist and the Clements Checklist of Birds of the World. The legal authorities behind the list extend beyond the MBTA itself to the Fish and Wildlife Improvement Act of 1978 and the Fish and Wildlife Act of 1956.2eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act Because the list changes, the current text on the eCFR is the authoritative source when you need to check a specific species.