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Depredation permit
  • Depredation permits help lessen damage done to crops/livestock, private land, human health, and protected wildlife.
  • Take under the depredation permit can include any migratory birds excluding eagles and threatened and endangered species.

Depredation is damage or loss due to birds. Depredation permits help lessen damage done to crops/livestock, private land, human health (including airports), and protected wildlife. As a last resort, project teams within a company may get a depredation permit from the U.S. Fish and Wildlife Service (USFWS) to allow the take of birds under the Migratory Bird Treaty Act (MBTA) for otherwise legal actions. But these permits are only to be used when public safety is at risk or techniques to prevent nesting cannot be carried out. All attempts should be made during project planning, timing, and location preparation to avoid needing a depredation permit.

This take under the depredation permit can include any migratory birds excluding eagles and threatened and endangered species. These permits identify the species, techniques, and the amount of birds that may be taken. The permits are only valid for the individuals listed on the permits, the permit areas named, and dates of the permit. Applicants who apply for this permit need to apply to the USFWS Regional Office. The application process includes the following:

  1. The request contacts United States Department of Agriculture (USDA) Wildlife Services for technical help.
  2. If a permit is warranted, a USDA biologist will issue a WS Form 37 to the individual.
  3. The requestor must submit a permit application to the USFWS including form 37 and the applicable permit application fee.

A depredation permit is NOT needed to:

  • Harass or haze birds (minus eagles), given the person does not cause nest abandonment.
  • Destroy an inactive nest (a nest without a viable egg or chick).
  • Take birds NOT protected under MBTA or other regulations, like European starlings, Rock (feral) pigeons, and house sparrows.

Permit information

  • Fee: $100
  • Duration: One year
  • Application form: Form 3-200-13
  • Reporting: Annual (January 31)
  • Annual report form: Form 3-202-9
  • Regulation: 50 CFR 21.41