Yes, you can hunt swans in the United States, but only in a narrow way: roughly nine states run permit lotteries for Tundra Swans under federal migratory bird rules, and drawing a tag lets you take one bird. Trumpeter Swans are fully protected and cannot be hunted. Mute Swans sit outside federal protection but are governed by state law, which varies widely. Shooting a protected swan without authorization is a federal crime carrying fines up to $15,000.
Which Swans Are Protected
The Migratory Bird Treaty Act of 1918 protects both native North American swans: the Trumpeter Swan and the Tundra Swan.1eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act Under that law no one may hunt, capture, or kill a protected migratory bird without federal authorization. The U.S. Fish and Wildlife Service sets annual frameworks that let individual states open limited seasons within federal limits on species, bag, and monitoring. Those frameworks currently allow hunting of Tundra Swans only. The Trumpeter Swan remains off limits everywhere.
The Mute Swan, the familiar orange-billed park swan, was introduced from Eurasia. The USFWS has formally classified it as a nonnative species to which the MBTA does not apply.2Federal Register. List of Bird Species To Which the Migratory Bird Treaty Act Does Not Apply That removes the federal barrier, but Mute Swans are still regulated under state wildlife codes, and state rules run the full range from year-round removal to outright prohibition on recreational hunting.
States That Allow Tundra Swan Hunting
For the 2024–25 season, the USFWS authorized Tundra Swan hunting in these states, split across three flyways:3Federal Register. Migratory Bird Hunting 2024-25 Seasons for Certain Migratory Game Birds
- Atlantic Flyway: Delaware, North Carolina, and Virginia
- Central Flyway: North Dakota, South Dakota, and Montana (Central Flyway portion)
- Pacific Flyway: Idaho, Montana (Pacific Flyway portion), Nevada, and Utah
Every one of these states issues permits through a lottery or limited draw. Apply, wait for the drawing, and if selected you get a single tag good for one Tundra Swan. Applicants routinely outnumber tags, and first-time applicants often go a year or two without drawing. Some states run bonus-point systems that raise your odds after each unsuccessful year.
Seasons can also close early. Utah’s swan hunt has ended ahead of schedule in multiple consecutive years because a federal quota on incidental Trumpeter Swan harvest was reached.4Utah Division of Wildlife Resources. Utah’s Swan Hunt Closes Early for 4th Consecutive Year After Federal Harvest Limit for Trumpeter Swans Met Watch state announcements during the season, not just the printed calendar.
Mute Swans and State Rules
Because the MBTA doesn’t cover Mute Swans, the federal government does not require a depredation permit to remove them.5U.S. Fish & Wildlife Service. Federal Depredation Permit FAQ State treatment is inconsistent. Some states let landowners or licensed hunters take Mute Swans year-round without a special permit. Others limit removal to government-authorized population control and prohibit recreational hunting entirely. A few have no specific Mute Swan rules on the books at all. Contact your state wildlife agency before targeting one. The absence of federal protection is not the same as an open season.
Identifying Swans in the Field
Species identification is the most consequential skill in swan hunting. Shooting a Trumpeter during a Tundra season is a federal violation, and confusing a native swan with a Mute Swan can turn a legal harvest into a criminal case.
Mute Swans are the easiest call. They have a bright orange bill with a prominent black knob at the base, hold their necks in an S-curve, and often swim with the bill angled slightly down. Orange bill means Mute Swan.
Both native swans have all-black bills, which is where it gets hard. Trumpeter Swans are large, roughly 16 to 28 pounds with a wingspan around six and a half feet. Their bills look heavy and wedge-shaped, the black extends all the way to the eye, and their call is a deep, horn-like sound. Tundra Swans are smaller, 8 to 20 pounds with a wingspan near five and a half feet. Many show a small yellow patch just in front of the eye, but that mark is inconsistent and missing in some birds, so it cannot be your only cue. Their call is a higher-pitched whistle. Size, bill shape, and voice together are more reliable than any single feature.
Utah requires permit holders to complete a mandatory identification orientation before hunting. Other states recommend similar training without requiring it. Study reference materials and listen to recorded calls before you go, whether or not your state forces you to.
Licenses and Permits You’ll Need
Swan hunting stacks several authorizations on top of each other, and missing any one of them can invalidate a legal harvest.
Federal Duck Stamp
Every waterfowl hunter aged 16 or older must carry a current Federal Migratory Bird Hunting and Conservation Stamp. It costs $25 and is valid from July 1 through June 30 of the following year.6U.S. Fish & Wildlife Service. Federal Duck Stamp – About Us Post offices, sporting goods stores, and the E-Stamp program online all sell them.7U.S. Fish & Wildlife Service. Federal Duck Stamp
State License and Swan Permit
You also need a valid state hunting license for the state you plan to hunt in, plus the swan-specific permit drawn through that state’s lottery. Nonresident fees are higher, and most states require additional stamps or habitat licenses that push the total cost of a nonresident swan hunt well into the hundreds of dollars.
Harvest Information Program
Every migratory game bird hunter, in every state, must register with the Harvest Information Program each year before hunting.8Department of Environmental Conservation. Harvest Information Program Registration is state-specific, so if you hunt in more than one state you register separately in each. It’s usually free and handled through the state’s licensing system.
Shot, Shotguns, and Legal Equipment
Federal rules govern what you can shoot with, whatever your state permit says. Lead shot has been banned nationwide for waterfowl hunting since 1991, so you must use approved nontoxic shot for swans.9eCFR. 50 CFR 20.21 – What Hunting Methods Are Illegal Steel is the most common option. Bismuth-tin, tungsten-iron, tungsten-matrix, and various tungsten alloys are also approved, and all must contain less than 1% residual lead.10U.S. Fish & Wildlife Service. Nontoxic Shot Regulations For Hunting Waterfowl and Coots in the U.S. For a bird the size of a swan, experienced waterfowl hunters generally reach for larger shot like BB or T steel, though shot size is preference rather than law.
Your shotgun cannot hold more than three shells total between the magazine and the chamber. If the magazine holds more than two rounds, you must install a one-piece plug that can’t be removed without disassembling the gun. Shotguns larger than 10 gauge are prohibited, and you cannot hunt migratory birds with a rifle, pistol, trap, or snare. A motorized boat must be fully stopped with the motor off before you shoot.
Tagging and Harvest Reporting
Swan hunting comes with mandatory post-harvest reporting that most duck and goose hunts don’t. The point is to track how many Trumpeter Swans are taken incidentally during Tundra seasons.
Tag the swan immediately after retrieval with the tag that came with your permit. The tag stays attached through transport and storage. In Pacific Flyway states like Idaho and Montana, you submit a reporting card with bill measurements and color information within 72 hours of harvest, including bill length from the tip to the rear edge of the nostril opening and whether any yellow eye-patch is present. In Utah and Nevada the rule is stricter: you must bring the swan, or at least its intact head, to a state or federal biologist for examination within 72 hours.11Regulations.gov. Migratory Bird Hunting Final 2021-22 Frameworks for Migratory Bird Hunting Regulations Atlantic and Central Flyway states also require species-identification data after the harvest, with methods that vary by state.
Penalties for Shooting the Wrong Swan
A violation of the MBTA, including taking a Trumpeter Swan without authorization, is a federal misdemeanor punishable by up to $15,000 in fines, six months in jail, or both.12Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties Killing a protected bird with intent to sell it becomes a felony carrying up to two years in prison. Federal agents can seize your shotgun, vehicle, and other equipment used in the violation.
State penalties stack on top. Many states add their own fines, restitution charges that can run $1,000 or more per bird, and license revocations. A revocation in one state can trigger reciprocal suspensions in others through interstate wildlife violation compacts.
If you accidentally take a Trumpeter Swan during a legal Tundra hunt, report it to your state wildlife agency right away. An honest mistake reported promptly is treated very differently from a concealed one, and the 72-hour reporting deadline with accurate measurements is both a legal obligation and your best protection.