Most birds that inhabit the United States are protected by one or more laws enacted by Congress or state wildlife departments. Information about these laws and the birds they protect are provided below as answers to regularly asked questions. In addition, many internet links are provided for more detailed information about the laws, acts, and treaties described.

Who may need information about bird laws?
Birders, tourists, scientists, teachers, hunters, and other people interested in possessing or using birds or bird parts or products, including feathers, eggs, nests, or taxidermy-mounted birds.

Are birders subject to bird protection laws?
Yes, but birders activities rarely approach legal concerns, especially when conducted within the usual ethical guidelines. However, an interesting and insightful article entitled “Birders and U.S. Federal Laws,” is reprinted at http://www.npwrc.usgs.gov/resource/tools/birdlaws/birdlaws.htm

Is there a code of ethics for birders?
The best example of a code of ethics for birders is provided by the American Birding Association, and can be reviewed in full at http://www.americanbirding.org/abaethics.htm

What birds are protected by law?
Most migratory birds found in the United States are protected by international treaties as well as U.S. laws. No part of protected birds, live or dead, including feathers, claws, bones, skins, or taxidermy-mounted birds can be possessed without an appropriate permit, which is exceptionally hard to obtain even for legally acquired birds or bird parts.

What birds are protected by the Migratory Bird Treaty?
For a list of birds protected by the Migratory Bird Treaty Act, see http://migratorybirds.fws.gov/intrnltr/mbta/taxolst.html

Overall, most birds are protected by law, except some introduced birds, including European Starlings and House Sparrows, and some agricultural pests, such as Red-winged Blackbirds. In addition, some birds have hunting seasons, during which federal and state laws dictate the killing and possession of certain species.

Where can protection treaties and other legal documents pertaining to birds be obtained?
The following treaties and legal agreements dictate laws pertaining to birds:
The International Migratory Bird Treaty was originally signed in 1918. It has since been amended between the United States and Canada, Mexico, Russia, and Japan.

A PDF file of the Canada treaty, which was most recently amended in 1995, can be downloaded from http://www.le.fws.gov/pdffiles/Canada_Mig_Bird_Treaty.pdf

Obtani a copy of the PDF of the 1936 Mexico treaty at http://www.le.fws.gov/pdffiles/Mexico_Mig_Bird_Treaty.PDF

Download a PDF of the 1976 Russia treaty at http://www.le.fws.gov/pdffiles/USSR_Mig_Bird_Treaty.pdf

For a copy of a PDF of the 1972 Japan treaty, see http://www.le.fws.gov/pdffiles/USSR_Mig_Bird_Treaty.pdf

How is bird hunting directed?
Potentially hunted bird species protected by the Migratory Bird Treaty, but subject to federal and state hunting proclamations, can be reviewed at http://migratorybirds.fws.gov/intrnltr/mbta/gmebrd.html

Species included in this group primarily include waterfowl (ducks, geese and swans) cranes, rails, shorebirds, doves, and pigeons.

Exceptions to full protection provided by the Migratory Bird Treaty are game birds that are legally taken under U.S. and state laws. A short summary of the Migratory Bird Treaty Act, originally passed in 1918, can be reviewed at http://permits.fws.gov/mbpermits/ActSummaries.html

States proclaim their hunting regulations with respect to national and international laws, but have primary responsibility for resident (non-migratory) birds, especially resident game birds, including hunting, possession, protection, law enforcement, hunting, falconry, and taxidermy.

A list of all 50 states’ wildlife departments (and USFWS offices) in each state is provided at http://offices.fws.gov/statelinks.html

What laws dictate possession of birds, feathers, and other bird products?
The Lacey Act (passed in 1900) and the Weeks-McLean Law (passed in 1913) were designed to reduce the effects of market hunting and commercial interstate shipping of birds for food trade and feather trade.

The Endangered Species Act was passed in 1973 to protect birds endangered or threatened with extinction or extirpation. A list of birds listed as endangered or threatened under the Endangered Species Act can be reviewed at http://ecos.fws.gov/servlet/TESSWebpageVipListed?code=V&listings=0#B

CITIES is the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which is reviewed at: www.cites.org/eng/cop/index.shtml

The Pan American Convention was passed in 1940 as the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere.

The Ramsar Convention was enacted in 1975 as the Convention on Wetlands of International Importance Especially as Waterfowl Habitats, which has been signed by 117 nations.

The Antarctic Treaty was adopted in 1959 to protect native birds, mammals, and plants of the Antarctic realm.

For more information about each of the laws, acts, conventions, and treaties listed above, refer to http://migratorybirds.fws.gov/intrnltr/treatlaw.html

The Neotropical Migratory Bird Conservation Act of 2000 provides grants to countries in Latin America and the Caribbean for migratory birds that nest in North America and winter south of the continental United States. For more information, see http://laws.fws.gov/lawsdigest/neotrop.html and http://birdhabitat.fws.gov/NMBCA/eng_neo.htm

What laws do states implement?
Although states must abide by national and international laws, each state also has laws governing hunting, falconry, taxidermy, and possession of birds and bird parts. States also have primary responsibility for resident birds, especially resident game birds (primarily non-migratory birds such as grouse, pheasants, partridge, quail, turkeys, etc.; and introduced “pests” such as European Starlings and House Sparrows), including hunting, possession, protection, and law enforcement. Contact information for each of the 50 states’ wildlife departments (and USFWS offices) can be accessed at http://offices.fws.gov/statelinks.html

Can I keep the molted feather of a bird that I found?
Unfortunately, no; that is, not legally. Although it may seem harmless, today’s laws were made to protect birds from illegal poaching and trafficking. These laws were required to stop trade in egret and heron plumes and eagle feathers, along with the unlawful killing and trade of other birds, including endangered species in the United States and around the world.

May I retrieve feathers of birds killed by cars or other accidental means?
No. Birds and their parts can not be possessed by individuals.

Can I keep the feathers of birds killed by a hunter?
No. Only a hunter with an appropriate hunting license can keep such feathers or skins containing feathers.

May I keep a bird nest I found in my yard?
No. Bird nests may not be collected or possessed by individuals.

Can I keep the egg of a bird that I found?
No. Although egg collecting (oology) was permitted during earlier centuries, this archaic practice is no longer permitted.

How do museums and other collections possess bird eggs, nests, and taxidermy displays?
Collections of eggs, nests, feathers, or taxidermy-mounted birds displayed in museums, universities, and other institutions require advance special permits from the US Fish and Wildlife Service, Office of Management Authority, Department of Interior, Washington, D.C. 20240.

Can American Indians legally use eagle feathers on traditional clothing?
A summary of the Bald and Golden Eagle Protection Act, which provides full protection for these 2 species, is provided at http://permits.fws.gov/mbpermits/ActSummaries.html. However, the US Secretary of Interior issues permits to American Indians to use eagle, hawk, and owl feathers and parts in traditional religious and cultural ceremonies. In an effort to utilize eagle carcasses found or confiscated, the National Eagle Repository has been established by the Department of the Interior to store and distribute eagle feathers to American Indians.

Is it true that Native Americans can hunt birds and collect eggs as subsistence hunters?
Subsistence hunting of some birds and collecting of some birds’ eggs by Native Americans for food, primarily in the northern regions of Alaska, is permitted. Birds and eggs utilized primarily include geese, ducks, swans, and Sandhill Cranes and, to a lesser extent, loons, gulls, and some shorebirds. For more information, see pages 7 and 8 of the PDF file: http://www.le.fws.gov/pdffiles/Canada_Mig_Bird_Treaty.pdf

Do I need a special permit to band birds?
Yes. For information about bird banding requirements and permits, see http://www.pwrc.usgs.gov/BBL/homepage/whocan.htm Bird banders or researchers who require special markers, such as color-coded wing tags, tail streamers, or radio-transmitters need additional research authorization, which can be reviewed at http://www.pwrc.usgs.gov/bbl/homepage/aboutaux.htm

Who regulates the pet trade, captive breeding of wild birds, and zoo collections?
The US Department of Agriculture restricts the import of live zoo animals, some game birds, and fertile eggs. Permits are usually required for imports, and quarantine may also be required for 30 days at a USDA Animal Import Center (arrangements must be approved prior to import). Contact the US Department of Agriculture Veterinary Services in advance by telephoning 301-734-8170.

How are international trade, imports, exports, and sales of birds, bird parts, and bird products regulated?
Information about import and export information provided by the US Customs Department pertaining to birds is provided in a PDF file, which can be downloaded from http://training.fws.gov/library/Pubs9/wildlife_laws.pdf

For more information about laws regarding wild birds in the United States, see: http://www.fws.gov