The Migratory Bird Treaty Act (MBTA) was passed in 1918 to protect birds from the actions of humans. It is the federal law that enforces the American people’s responsibilities in treaties signed with foreign countries to protect birds shared by those countries. The first of which was signed with Canada (then part of Great Britain) before the MBTA was enacted, but treaties with Mexico, Japan and Russia (then USSR) also came to be codified in the MBTA.
The U.S. Fish and Wildlife Service (USFWS) is the authority that enforces the MBTA. The MBTA made it illegal to pursue, hunt, take, capture, kill, transport, or participate in the trade of any migratory bird or bird part including nests, eggs and feathers. However, the USFWS does issue permits to allow these activities under certain circumstances.
Migratory bird species protected by the act are listed on the USFWS website. There are more than 1,000 species on the list, which includes most of the birds native to the US.
A federal depredation permit authorizes you to capture or kill birds to reduce damage caused by birds or to protect other interests such as human health and safety or property. A depredation permit is intended to provide short-term relief for bird damage until long-term, non-lethal measures can be implemented to eliminate or significantly reduce the problem.
In addition to depredation permits, the USFWS can also provide permits for the collection and/or possession of live or dead birds or bird parts (including feathers) or eggs.
States may have stricter laws and may require additional permitting. Check with your state wildlife agency in addition to your regional USFWS office before undertaking any regulated activity.
You do not need a federal depredation permit to harass or scare birds (except eagles and threatened or endangered species), as long as:
Birds are not killed or injured.
Birds sitting on active nests (nests with eggs or chicks present) are not disturbed to the point that it causes eggs to not hatch or chicks to die or be injured.
Recommended control activities for birds (that are not eagles or threatened or endangered species) include:
Habitat modification (i.e. tall and thick shoreline vegetation)
Decoys of predator animals
Kites or balloons that move like or look like predators
Compressed air blown toward the birds
Using dogs to herd or harass birds
Noises such as bird distress calls or pyrotechnics
Coordinate with your Wildlife Services state office to get assistance with dispersing or depredating birds and information on necessary permits.
Canada Geese are widely recognized as a nuisance to many public and private land managers. There are 11 subspecies of Canada Geese. Of these, some of the most problematic do not migrate outside the lower 48 states (these are referred to as resident geese). There is a depredation order for these subspecies. A depredation order differs from a depredation permit in that you do not need to apply for permission to destroy eggs and nest of resident Canada Geese, however you will need to register and report your activities. The order only applies to management practices in the lower 48 contiguous states.
Register for federal authorization to destroy resident Canada goose nests and eggs on property you own or manage.
Be sure to read the information as there are strict limits under the order on how you may depredate the nest, how you may dispose of the materials, and what time of year.
Also check with your state agency to ensure your state doesn’t have stricter laws prohibiting this activity or requiring a state permit.
Several other nuisance species also have depredation orders subject to location and activity. Check with your regional USFWS office for more information.
Examples of practices that may impact MBTA requirements include:
Removal of nests built in inconvenient places.
Disturbing or destroying active nests