The Humane Capture, Handling, and Disposition of Migratory Birds
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to pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt any of these activities (50 CFR
10.12). The MBTA prohibitions extend to live birds as well as all bird parts, nests, and eggs.
Additionally, if using birds for exhibition/teaching purposes, these activities must be authorized on the
USFWS issued permit(s).
Bald eagles and golden eagles receive additional protection under the Bald and Golden Eagle Protection
Act (Eagle Act, 16 U.S. Code § 668c). The Eagle Protection Act prohibits the taking, possession, and
transport of eagles and their parts, nests, and eggs. “Take” is defined in U.S. Code to mean: “pursue,
shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, or disturb.” “Disturb” is
further defined in 50 CFR 22.3 to mean: “to agitate or bother a bald or golden eagle to a degree that
causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2)
a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering
behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or
sheltering behavior.”
USFWS authorization is required for most activities involving capturing, handling or disposition of wild
birds. It is also important to check the state and tribal laws protecting birds to determine their permitting
requirements as well (Link to State Wildlife Offices). Federal permit conditions may differ from state,
tribal and local government permit conditions. When federal, state, tribal, and local government
permits differ, the more restrictive permit conditions must be followed. Consult with your respective
agency/contact.
It is important to note that migratory bird depredation permits are intended to authorize a damage
management action that targets the individual bird(s) that are causing the conflict. Depredation permits
cannot be used for population management.
5a Depredation activities that do not require a permit
5a.1 Harassing migratory birds
A federal permit is not required to harass or scare migratory birds. A federal permit is not required to
haze eagles, unless hazing may disturb eagles (as defined by the Bald and Golden Eagle Protection Act).
The USFWS does not regulate the methods that may be used to harass migratory birds, except additional
authorization may be required if using unmanned aircraft systems (UAS, e.g., drones) under the
Airborne Hunting Act (50 CFR 19). Consult with the appropriate USFWS MBP Office for details. For
any harassment method, care should be taken to ensure birds are not injured or killed due to harassment
methods. The injury or death of a bird due to harassment constitutes take and is prohibited (MBTA, 50
CFR 21). Always check for potential state-specific requirements or regulations.
5a.2 Destruction and relocation of migratory bird nests that are not in-use
A permit is not required to destroy nests which are not in-use. A permit or other regulatory
authorization is not required under the MBTA to destroy a migratory bird nest that is not in-use,
provided no possession of birds occurs during or after the destruction. A nest not in-use is defined as
one that is empty (no viable eggs or birds), contains non-viable eggs, or is being built but does not yet
have an egg in the nest. This rule does not apply to bald eagle or golden eagle nests because they are
protected under the Bald and Golden Eagle Act (Eagle Act, 16 U.S. Code § 668c). Additional federal
authorization may be required for birds on the List of Endangered and Threatened Species (50 CFR