You no longer need a migratory bird salvage permit to pick up a dead migratory bird in the United States. On December 31, 2024, the U.S. Fish and Wildlife Service replaced the old permit-based system with a general regulatory authorization under 50 CFR 21.16, which lets any person salvage dead migratory birds so long as they follow a defined set of conditions.1Federal Register. Regulatory Authorizations for Migratory Bird and Eagle Possession by the General Public, Educators, and Others There is no application, no fee, and no waiting period. But the conditions matter, and violating them carries real fines and possible jail time. Eagles are governed by an entirely different regime with much steeper penalties.
What You Can Salvage
Under the current rule, “salvage” means picking up migratory birds that are already dead. Eligible specimens include whole carcasses, loose feathers, skeletal remains, inactive nests, and nonviable eggs.2eCFR. 50 CFR 21.16 – Authorization, Salvage You do not need to be affiliated with a university, museum, or agency to use the authorization.
The rule is written for opportunistic finds. If you are actively searching for dead birds as part of a research project or mortality survey, you still need a scientific collecting permit under 50 CFR 21.73.3U.S. Fish & Wildlife Service. FAQ – Regulatory Authorizations for Migratory Birds and Eagles
What the Authorization Does Not Allow
Live birds, viable eggs, and nests currently in use are off-limits. Picking up eggs during breeding season is not allowed unless you are professionally trained to distinguish viable from nonviable eggs.2eCFR. 50 CFR 21.16 – Authorization, Salvage If an egg could still hatch, leave it.
Personal use is prohibited. You cannot keep a salvaged bird, feather, or skeleton for yourself, and you cannot sell, barter, or trade any specimen.4eCFR. 50 CFR Part 21 – Migratory Bird Permits The authorization exists so specimens reach institutions or individuals who hold valid permits to use them for education, science, or exhibition. If you pick up a dead hawk and have nowhere legitimate to donate it, you must destroy it.
The Seven-Day Clock
Once you salvage a specimen, you have seven calendar days to donate it to an authorized recipient or destroy it.2eCFR. 50 CFR 21.16 – Authorization, Salvage Weekends and holidays do not extend the deadline. If the Fish and Wildlife Service gives you different written instructions, you follow those instead; otherwise, seven days is the limit.
Acceptable recipients include public museums, zoological parks, educational institutions, and any person or entity holding a valid permit or regulatory authorization to possess migratory birds. If you cannot find a recipient within the window, you must completely destroy the specimen by burial, incineration, or disposal in household trash where local ordinances allow it.3U.S. Fish & Wildlife Service. FAQ – Regulatory Authorizations for Migratory Birds and Eagles
Tags, Records, and Bands
Every specimen you plan to donate has to carry a tag that stays with it. The tag must show the species, the date you found it, the location where you found it, and your name and contact information.2eCFR. 50 CFR 21.16 – Authorization, Salvage The tag is how enforcement officers trace the specimen back to a legitimate salvage rather than an illegal take.
You must keep donation records for five years. Each record needs the species, the type of specimen, the date and location of salvage, and the recipient’s name.4eCFR. 50 CFR Part 21 – Migratory Bird Permits Fish and Wildlife Service officers can ask to inspect your records and any specimens you hold at any time.
If the bird has a federal leg band, report it to the U.S. Geological Survey Bird Banding Laboratory. Reports are submitted online and take about two minutes. The band number, species, date, location, and how you found the bird are the key data points.
Eagles Are Different
Bald and golden eagles are protected under both the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. If you find a dead eagle or eagle parts, contact the National Eagle Repository before doing anything else. When possible, reach them before you even pick up the specimen.5eCFR. 50 CFR 21.16 – Authorization, Salvage
The Repository will tell you whether to ship the specimen to their facility or donate it to an authorized institution. If shipping is directed, you must send it within seven days of receiving instructions.6U.S. Fish & Wildlife Service. National Eagle Repository – Contact Us You can also turn salvaged eagles over to a federal, tribal, or state wildlife agency. Eagle nests and eggs cannot be salvaged in any condition.
Penalties for unauthorized eagle possession are far heavier than for other migratory birds. A first BGEPA offense can bring a fine of up to $100,000 for individuals or $200,000 for organizations, plus up to one year in prison. A second violation is a felony.7U.S. Fish & Wildlife Service. Bald and Golden Eagle Protection Act Keeping an eagle feather you found on a trail is exactly the kind of situation that triggers enforcement.
Which Birds Are Not Covered by the MBTA
Not every dead bird you find is protected. The Migratory Bird Treaty Reform Act of 2004 limited the MBTA to species native to the United States or its territories. Non-native, human-introduced species from families outside the underlying treaties with Canada, Mexico, Russia, and Japan are not covered.8Federal Register. List of Bird Species To Which the Migratory Bird Treaty Act Does Not Apply
The most commonly encountered exempt species are the European starling and the house sparrow (sometimes called the English sparrow). Their families, Sturnidae and Passeridae, are largely unprotected. Other exempt families include Psittacidae (parrots), Phasianidae (grouse and turkeys, though some species carry separate protections), and Estrildidae (waxbills and related finches).8Federal Register. List of Bird Species To Which the Migratory Bird Treaty Act Does Not Apply The complete list of covered species appears at 50 CFR 10.13.9eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act
Endangered and Threatened Species
A bird can be both a migratory species under the MBTA and a listed species under the Endangered Species Act. When both apply, the salvage authorization is not enough. You need separate federal authorization to possess endangered or threatened species, and those authorizations are far harder to obtain.
ESA criminal penalties are harsher than ordinary MBTA penalties. A knowing violation of a core ESA provision can result in a fine of up to $50,000 and up to one year in prison. Violations of other ESA regulations carry fines up to $25,000 and up to six months of imprisonment.10Office of the Law Revision Counsel. 16 USC 1540 – Penalties and Enforcement If you cannot confidently identify the species of a dead bird, report it to your state wildlife agency rather than picking it up.
MBTA Penalties
Setting eagles and endangered species aside, a standard MBTA misdemeanor violation carries a fine of up to $15,000 and up to six months in prison. If you knowingly take a migratory bird with intent to sell it, or actually sell or barter one, the charge becomes a felony with fines up to $2,000 and up to two years in prison.11Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties; Forfeitures The felony threshold is tied to commercial intent, which is why the salvage authorization bans any sale or barter.
When to Call Law Enforcement First
Most salvage situations are simple. Two are not. If you find five or more dead birds in one area, that pattern may indicate poisoning, illegal killing, or a disease event, and you need to contact the Fish and Wildlife Service’s Office of Law Enforcement before touching anything. The same rule applies if anything about the scene suggests the birds were killed intentionally.5eCFR. 50 CFR 21.16 – Authorization, Salvage Salvaging evidence from a potential crime scene before investigators arrive can compromise an enforcement action and expose you to legal problems.
State, Tribal, and Property Rules
The federal authorization does not preempt state, tribal, or territorial wildlife laws. Many states require their own permits to possess wildlife specimens, including dead migratory birds. The federal regulation warns that additional permits may be required and puts responsibility for compliance on you.4eCFR. 50 CFR Part 21 – Migratory Bird Permits The authorization also grants no right of access to private or restricted land. If a dead bird is on someone else’s property, you need permission before entering.
Activities That Still Require a Permit
The rule change only eliminated the salvage-specific permit. Related activities still require formal authorization from the Fish and Wildlife Service. Rehabilitating injured or sick birds requires a rehabilitation permit under 50 CFR 21.76.12U.S. Fish & Wildlife Service. 3-200-10b Application for Migratory Bird Rehabilitation Scientific collecting requires a permit under 50 CFR 21.73. Eagle possession for exhibition or scientific purposes requires authorization under 50 CFR Part 22.13eCFR. 50 CFR Part 22 – Eagle Permits If your goal is anything more than picking up the occasional dead bird and passing it to a museum or nature center, the permit system still applies to you.