Migratory Bird Treaty Act

Scope

The possession of all parts, nests, or eggs of a migratory bird species are protected. This includes possession of live birds, whole remains, partial remains, feathers, specimens (e.g., study skins, blood, DNA, toenail clippings), eggs (viable and nonviable), and nests (in use or not). Possession also applies to any product that has or is composed of these parts, including art, apparel, and other objects that have or are composed of bird parts, bones, feathers, etc. If any action of yours may involve the take of a protected migratory bird species, you will need an approved permit.

Regulatory citations

• 16 U.S.C. 703-712 — Migratory Bird Treaty
• 50 CFR 13 — General Permit Procedures
• 50 CFR 10.13 — List of Migratory Birds
• 50 CFR 21 — Migratory Bird Permits

Key definitions

• Abatement: The use of trained raptors to flush, haze, or take wildlife to decrease depredation problems, including threats to human health and safety.
• Depredation: Physical damage or physical loss caused by birds.
• Raptor: A migratory bird of the Order Accipitriformes, the Order Falconiformes, or the Order Strigiformes, including the bald eagle (Haliaeetus leucocephalus) and the golden eagle (Aquila chrysaetos).

Summary of requirements

A migratory bird species is included on the list if it meets one or more of the following criteria:

1. It occurs in the United States or U.S. territories as the result of natural biological or ecological processes and is now, or was listed as, a species or part of a family protected by one of the four international treaties that the U.S. entered with (Canada in 1916, Mexico in 1936, Japan in 1972, and Russia in 1976) or their amendments,
2. Revised taxonomy results in it being recently split from a species that was formerly on the list, and the new species occurs in the United States or U.S. territories due to natural biological or ecological processes.
3. Emerging evidence exists for its natural presence in the United States or U.S. territories due to natural distributional variations and the species occurs in a protected family.

Migratory game birds that are protected include:

• Anatidae (ducks, geese [including brant], and swans),
• Columbidae (doves and pigeons),
• Gruidae (cranes),
• Rallidae (rails, coots, and gallinules), and
• Scolopacidae (woodcock and snipe).

The Migratory Bird Permit Office administers over 20 permit types nationwide. The Migratory Bird permits range in duration from one year to five years. The following are some of the applicable permits:

• Taxidermist permits:
  • This permit is required before any person may perform taxidermy services on migratory birds or their parts, nests, or eggs for any person other than themselves.
• Abatement permits:
  • This permit is needed for the purchase, sale, possession, and use of captive-bred raptors protected under the Migratory Bird Treaty Act for depredation situations.
• Depredation permits:
  • This permit allows someone to capture or kill birds to help reduce damage to agricultural crops/livestock, private property, human health, and safety (including airports), and protected wildlife.
  • It is meant to deliver short-term relief for bird damage until long-term nonlethal measures can be implemented to eradicate or significantly lessen the issue.
• Education permits:
  • This permit is mandatory to possess and transport migratory birds for conservation education purposes. A person can requestion live migratory birds and/or “dead” migratory birds such as specimens, parts, feathers, nests, and eggs.
• Scientific collecting permits:
  • This permit can authorize you to collect, transport, or possess migratory birds, their parts, nests, or eggs for scientific research.
• Import/Export permits:
  • This permit allows a permittee to import and/or export across international boundaries into and/or out of the United States. This includes live birds as well as mounted birds, specimens, feathers, parts (including samples, blood, and DNA), nests, and eggs.