Federally Protected Birds: Permits, Penalties, and Nest Rules

Federally protected birds include almost every native species in the United States. The Migratory Bird Treaty Act (MBTA) covers more than 1,000 species, and separate laws add stricter rules for bald and golden eagles and for any bird listed as endangered or threatened. In practical terms, that means killing, capturing, buying, selling, or possessing a protected bird — or its feathers, eggs, or nest — is illegal without a federal permit. Picking a hawk feather off a trail counts. So does pulling down an occupied nest above your porch.

Which Birds Are Covered

The MBTA, codified at 16 U.S.C. §§ 703–712, implements four treaties the United States signed with Canada, Mexico, Japan, and Russia. It protects native birds across the board: songbirds like robins and cardinals, waterfowl, shorebirds, raptors, woodpeckers, and most everything else that occurs here naturally.¹

“Native” is the key word. The law does not protect species introduced to North America by humans. Three common birds are specifically excluded: European starlings, house sparrows, and rock pigeons (the ordinary city pigeon).² You can trap or remove these three without a federal permit, though state or local rules may still apply.

Extra Rules for Bald and Golden Eagles

Eagles get their own statute on top of the MBTA. The Bald and Golden Eagle Protection Act (16 U.S.C. § 668) makes it a crime to take, possess, sell, or transport a bald or golden eagle, or any part of one, without authorization. A first criminal conviction carries up to $5,000 in fines and one year in prison. A second or subsequent conviction doubles those limits to $10,000 and two years. The Eagle Act also authorizes civil penalties of up to $5,000 per violation, which the U.S. Fish and Wildlife Service can pursue without a criminal case.³

Eagle nests are protected year-round, whether active or not. Removing one always requires a permit.

What You Can’t Do

The MBTA makes it illegal to pursue, hunt, capture, kill, or possess any protected migratory bird without authorization, and the prohibition extends to any part of the bird — feathers, eggs, and nests included.¹ Selling, bartering, importing, exporting, or shipping protected birds or their parts is also barred.

The breadth catches people off guard. Keeping a hawk feather you found on a walk, holding onto an egg from your garden, or storing a fallen nest in a shed all violate federal law unless you have a permit. Intent to harm is not required. Simple possession is the offense. The strict rule exists to keep any commercial market for bird parts from forming.

Accidental Killings During Work Projects

The MBTA also reaches “incidental take,” meaning birds killed unintentionally during otherwise lawful activities. The U.S. Fish and Wildlife Service interprets the statute as prohibiting incidental take and enforces case by case.⁴ Wind turbines, building demolition, and communications towers have all produced federal liability. No general federal permit for incidental take currently exists; USFWS withdrew a proposed rulemaking in 2025 that would have created one. Operators in high-risk industries typically manage the exposure through pre-construction bird surveys, seasonal work restrictions, and bird-safe design.

Nests on Your Property

Federal regulations draw a hard line between active and inactive nests. An active nest — one holding eggs or live young — is fully protected. You cannot remove or disturb it. If construction or maintenance uncovers one, work has to stop in that area until the young fledge, and a federally permitted rehabilitator should handle any relocation of eggs or nestlings.⁵

Inactive nests are different. Federal regulations allow anyone to salvage an inactive nest, along with dead birds, feathers, and nonviable eggs, under certain conditions for conservation education purposes.⁵ Practically, that means once nesting season is over and no eggs or young remain, you can clear an empty nest out of a gutter or eave. The eagle exception still applies: bald and golden eagle nests are off-limits year-round.

Penalties

MBTA violations run in two tiers. The baseline offense is a misdemeanor with a fine up to $15,000 and up to six months in prison per incident.⁶ That covers unauthorized taking, possession, or transport.

Felony charges apply when someone knowingly kills or captures a protected bird intending to sell or barter it, or actually sells or barters one. The MBTA sets the felony fine at up to $2,000 and imprisonment up to two years, but the federal Alternative Fines Act lets courts impose up to $250,000 for an individual and up to $500,000 for an organization convicted of a federal felony, which overrides the lower statutory figure.⁷ Courts can also order forfeiture of any birds, equipment, or vehicles used in the offense.

Birds also listed under the Endangered Species Act carry additional civil penalties of up to $25,000 for a knowing violation and $500 for an unknowing one.⁸ Eagle violations carry the Eagle Act’s separate $5,000-per-incident civil penalty on top of any MBTA charge.

When You Need a Permit

The U.S. Fish and Wildlife Service runs a permit system that authorizes specific interactions with protected birds. Without one of these permits, essentially any physical contact with a protected bird or its parts is unlawful.⁹ The categories that matter to most people:

Migratory game bird hunting is the most common exception. Waterfowl hunters age 16 and older must carry a current Federal Duck Stamp, which costs $25 and is valid July 1 through June 30. Bag limits and season dates are set annually by USFWS.¹⁰
Scientific collecting permits cover researchers studying bird populations, behavior, or disease.
Falconry requires a federal permit plus a state license.
Rehabilitation permits are required to treat injured or orphaned protected birds. Applicants must be at least 18, have at least 100 hours of hands-on rehabilitation experience over a year or more, and maintain facilities that meet national standards.¹¹
Depredation permits can authorize lethal removal when protected birds cause documented damage to property, agriculture, or public health. The process starts with a USDA Wildlife Services damage evaluation, and the resulting biologist documentation must accompany the application to the USFWS regional office. Depredation permits do not cover eagles or species listed as endangered or threatened.¹²
Enrolled members of federally recognized tribes who are 18 or older can apply to the National Eagle Repository for eagle feathers and parts for religious use at no fee. The Repository issues a lifetime permit; applicants submit a Certificate of Enrollment from their tribal enrollment office.¹³

Fees for standard migratory bird permits range from no fee (banding, Native American religious use) up to $100 for scientific collecting, taxidermy, and depredation permits, with rehabilitation permits at $50.¹⁴ Starting a permitted activity before the permit is actually issued can bring enforcement action and permanent loss of eligibility.

Handling Nuisance Birds

A bird nesting above your front door is frustrating, but the federal rules still apply. If it’s a protected species with an active nest, you have to wait until the young have fledged. For starlings, house sparrows, and pigeons, you have flexibility to remove nests and exclude the birds whenever you want.

For protected species, the safe approach is non-lethal exclusion: netting, spikes, angled ledge slides, and other physical barriers that keep birds from roosting or nesting on structures. These are legal as long as you install them when no active nest is present. If there’s documented damage to property or agriculture, the depredation permit process is the legal path to lethal removal, but it requires professional documentation before USFWS will consider the application.

Timing matters. Installing exclusion devices before nesting season avoids the whole problem. Waiting until eggs are laid leaves you stuck until the cycle finishes, typically four to six weeks for most songbirds.

Injured or Dead Birds You Find

Don’t try to treat an injured protected bird yourself. Federal law requires a permit to rehabilitate one, and most states add their own licensing on top of that. Contact a licensed wildlife rehabilitator through your state wildlife agency, and call ahead, since not every facility handles every species.¹⁵

Dead birds should generally be left in place. Multiple dead birds in one location can signal avian influenza or another disease event and should be reported to your state wildlife agency. Don’t touch carcasses with bare hands, and keep pets away.

Reporting Violations

To report someone killing, trapping, or selling protected birds, contact the U.S. Fish and Wildlife Service online or call the FWS Tips line at 1-844-397-8477. USFWS investigates illegal hunting, baiting, and commercial trafficking of protected species, and is authorized to pay rewards for information leading to an arrest, conviction, or civil penalty.¹⁶

1
Office of the Law Revision Counsel. 16 USC Chapter 7, Subchapter II – Migratory Bird Treaty
2
Federal Register. List of Bird Species To Which the Migratory Bird Treaty Act Does Not Apply
3
Office of the Law Revision Counsel. 16 USC 668 – Bald and Golden Eagles
4
Federal Register. Migratory Bird Permits – Authorizing the Incidental Take of Migratory Birds
5
eCFR. 50 CFR Part 21 – Migratory Bird Permits
6
Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties; Forfeitures
7
Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
8
U.S. Fish & Wildlife Service. Endangered Species Act – Section 11 Penalties and Enforcement
9
U.S. Fish & Wildlife Service. Migratory Bird Permits
10
U.S. Fish & Wildlife Service. Federal Duck Stamp
11
U.S. Fish and Wildlife Service. Frequently Asked Questions About a Federal Migratory Bird Rehabilitation Permit
12
APHIS. Migratory Bird Depredation Permit Process
13
U.S. Fish & Wildlife Service. National Eagle Repository – What We Do
14
U.S. Fish & Wildlife Service. Migratory Bird and Eagle Permit Processing Fees
15
U.S. Fish & Wildlife Service. What To Do if You Find a Baby Bird, Injured or Orphaned Wildlife
16
U.S. Fish & Wildlife Service. How To Report Wildlife Crime