No, you cannot legally shoot a hawk in almost any circumstance. Every native hawk species in the United States is protected by the Migratory Bird Treaty Act, and killing one without a federal permit is a crime that can cost you up to $15,000 and six months in jail. That’s true even when the hawk is picking off your chickens.
Why Federal Law Protects Every Hawk
The Migratory Bird Treaty Act of 1918 makes it illegal to kill, capture, sell, or trade any protected migratory bird without authorization from the U.S. Fish and Wildlife Service.1U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918 The regulations define “take” broadly under 50 CFR 10.12: pursuing, hunting, shooting, wounding, killing, trapping, capturing, collecting, or even attempting any of those actions.2eCFR. 50 CFR 10.12 – Definitions The bird’s parts, nest, and eggs are protected too.3Office of the Law Revision Counsel. 16 US Code 703 – Taking, Killing, or Possessing Migratory Birds Unlawful
The protected list covers at least 18 hawk species, including red-tailed hawks, Cooper’s hawks, and sharp-shinned hawks — the ones most likely to show up in a backyard.4eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act There is no native hawk you can legally shoot without a permit.
What You Face If You Shoot One
Any MBTA violation is a federal misdemeanor. A conviction carries a fine of up to $15,000, up to six months in jail, or both.5Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties Each bird is a separate violation, so two hawks can mean two charges.
If you knowingly kill a hawk intending to sell or barter it, the offense becomes a federal felony. The MBTA sets that fine at up to $2,000 with up to two years in prison, but the general federal sentencing statute allows courts to impose fines up to $250,000 for any federal felony, overriding the lower MBTA figure.6Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine Felony-level violations also trigger forfeiture: the government can seize guns, traps, nets, and vehicles used in the offense.5Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties
There is no defense-of-livestock exception. The hawk is protected even while it’s eating your chicken.
Don’t Mistake a Golden Eagle for a Hawk
Golden eagles are sometimes confused with large hawks, and shooting one puts you under a second, harsher statute. The Bald and Golden Eagle Protection Act adds “molest” and “disturb” to the list of banned conduct, meaning you can violate it without ever touching the bird.7U.S. Fish & Wildlife Service. Bald and Golden Eagle Protection Act A first offense carries up to $5,000 and up to a year in prison under the statute; a second becomes a felony with fines up to $10,000 and two years.8Office of the Law Revision Counsel. 16 US Code 668 – Bald and Golden Eagles The FWS reports that first-offense fines can reach $100,000 for individuals and $200,000 for organizations once the general federal sentencing statute is applied. If you’re not sure what you’re looking at, don’t shoot.
What To Do When a Hawk Is Hunting Your Chickens
Start with a physical barrier. Covering a chicken run with netting or hardware cloth eliminates hawk access, and it’s the single most effective step you can take. Wildlife officials expect you to try it before considering anything else.
Layered deterrents help too. An overhead grid of monofilament or wire discourages diving hawks. Reflective tape, old CDs, and Mylar balloons flash unpredictably and startle them. A rooster will sound alarms that send hens running for cover, and guard dogs or geese work for some keepers. Habitat matters as well: cut back dead trees and tall perches near the coop, and add low shrubs where chickens can shelter. Hawks habituate quickly to any single method, so combine them and rotate.
If deterrents aren’t enough, call USDA Wildlife Services at 866-487-3297 or find your state office through the USDA site.9USDA Animal and Plant Health Inspection Service. Requesting Wildlife Services Support A biologist can assess your situation, suggest targeted non-lethal strategies, and tell you whether your case might justify a permit application.
Depredation Permits: The Narrow Legal Path
The U.S. Fish and Wildlife Service does issue depredation permits authorizing the capture or killing of migratory birds causing damage to livestock or property, or threatening human safety.10U.S. Fish & Wildlife Service. 3-200-13 Migratory Bird – Depredation They exist, but they’re intentionally hard to get.
Before applying, you need documentation that you’ve tried non-lethal methods and they’ve failed, plus a completed permit review form from USDA Wildlife Services, which may require a site visit. Even a granted permit isn’t a blank check. Lethal removal is authorized only as short-term relief while you keep working on non-lethal measures; the FWS is explicit that killing birds cannot be the primary strategy.11U.S. Fish and Wildlife Service. Frequently Asked Questions About a Federal Depredation Permit For most backyard flock owners, building a covered run is faster and cheaper than pursuing a permit.
State Law Adds a Second Layer
Most states have their own wildlife protection statutes covering hawks independently of federal law. State rules are at least as strict as the MBTA and sometimes stricter, adding state-level fines or license revocations on top of federal penalties. The same shot can trigger both federal and state charges, so check with your state wildlife agency for the specific rules where you live before you do anything.