Hunting birds has been a popular pastime and sport in the United States for centuries. However, not all birds can be legally hunted. There are many bird species that are protected under federal and state laws, making it illegal to hunt or shoot them without a special permit.
Overview of Bird Hunting Laws
In the US, migratory bird hunting is regulated by the Migratory Bird Treaty Act of 1918. This federal law protects over 1000 species of birds that migrate or are native to North America. The law makes it illegal to hunt, kill, sell, purchase, or possess any migratory bird or bird parts (like feathers) without a proper permit issued by the US Fish and Wildlife Service.
In addition to federal regulations, individual states set hunting seasons and bag limits for legal game birds each year. States also have additional restrictions or protections for certain birds classified as threatened or endangered within that state.
The many laws and regulations around bird hunting can become complex. However, there are a few main factors that determine if a bird is legal game for hunting or shooting in the US:
- Migratory status – Migratory birds are protected under federal law
- Game bird status – Each state classifies which birds are designated legal game animals
- Threatened or endangered status – Birds listed as threatened, endangered, or of conservation concern cannot be hunted
- Seasons and bag limits – The time periods and total numbers allowed per day/season that can be killed legally
Federally Protected Migratory Birds
As mentioned above, the Migratory Bird Treaty Act is one of the broadest protections for birds in the US. Under this law, it is illegal to hunt, take, capture, kill, possess, sell, purchase, or barter any migratory bird or bird parts like feathers, nests, or eggs without a valid permit.
Migratory birds protected include almost all native birds in the US, excluding upland game birds, some exceptions per state law, and non-native species like European starlings, house sparrows, and rock pigeons. There are a few major categories of migratory birds that are federally protected:
- Songbirds – Includes warblers, finches, orioles, flycatchers, swallows, and many others
- Raptors – Such as eagles, hawks, falcons, owls, vultures, and osprey
- Waterfowl – Like ducks, geese, swans, cranes, rails, coots, herons, and loons
- Shorebirds – Including gulls, terns, plovers, sandpipers, snipe, woodcocks, and more
- Doves and pigeons – Such as mourning doves and common ground-doves
Within these groups there may be certain species that state laws allow hunting of within season. But in general, shooting songbirds, eagles, hawks, owls, herons, native doves, and other migratory birds can result in steep fines and possible imprisonment under the Migratory Bird Treaty Act.
Examples of Protected Migratory Birds
Here are some specific examples of common migratory birds that are illegal to shoot without a permit in the US:
- Cardinals
- Blue jays
- Robins
- Goldfinches
- Hummingbirds
- Wrens
- Tanagers
- Meadowlarks
- Orioles
- Warblers
- Sparrows
- Barn swallows
- Osprey
- Bald eagles
- Peregrine falcons
- Barn owls
- Great blue herons
- Sandhill cranes
- Loons
- Mourning doves
State Game Birds and Hunting Regulations
In addition to federal law, individual states designate which bird species are legal to hunt within that state each year. These annually classified game birds typically include popular sport hunting species like pheasants, quail, grouse, and wild turkeys.
States produce hunting regulations each year detailing the game bird seasons, bag limits, licensing requirements, and other rules for legal hunting of these birds. Examples of common state-classified game birds include:
- Pheasants
- Bobwhite quail
- Ruffed grouse
- Wild turkey
- Chukar
- Partridge
- Woodcock
- Mourning doves (in many states)
- Coots and gallinules
Shooting a game bird outside of the cover of a valid hunting license and designated season, or exceeding daily bag limits, can lead to penalties in that state. It is a hunter’s responsibility to know the specific regulations.
Differences Between States
Keep in mind that hunting seasons and rules for the same game bird species can vary significantly between states. For example:
- Pheasant season may be open October-January in one state, but November-December in another
- The daily bag limit for bobwhite quail may be 12 in one state and 8 in a neighboring state
- Some states allow mourning dove hunting, while it is prohibited in other states
These state-to-state differences underline the importance of checking regulations for the exact area you are hunting in each season.
Birds of Conservation Concern
Beyond migratory birds and designated game species, there are many other birds that may be classified as threatened, endangered, or of special concern at the state and federal level. Birds with these designations have strict protections when it comes to shooting, hunting, or egg collection.
The US Fish and Wildlife Service manages the official federal Lists of Endangered and Threatened species under the Endangered Species Act. There are over 80 bird species protected on these lists, including:
- California condor
- Whooping crane
- Golden-cheeked warbler
- Marbled murrelet
- Southwestern willow flycatcher
- Piping plover
- Red knot
- Yellow-billed cuckoo
States like California, Texas, and Florida also have lengthy lists of bird species designated as threatened/endangered at the state level only. Hunting these declining birds can bring fines of $10,000 – $100,000 and even potential jail time in some states.
Species of Special Concern
In addition to formal threatened and endangered listings, most states maintain a separate list of “species of special concern” or “species of greatest conservation need.” Examples include:
- Burrowing owl
- Greater sage-grouse
- Lesser prairie chicken
- Black rail
- Northern bobwhite
- Rusty blackbird
These birds are declining in numbers and face threats to their future survival. Killing or harming birds designated as species of concern can bring legal penalties in many states.
Exceptions
As with many regulations, there are certain exceptions where it may be legal to kill or shoot particular bird species in special cases, such as:
- Non-native species – European starlings, house sparrows, and rock pigeons are not protected under MBTA as they were introduced
- Depredation orders – Allows take of specific overpopulated migratory birds that cause crop damage, like some geese, without permit
- Controlled hunting – Such as cormorant control hunts coordinated by wildlife agencies in some states to reduce impacts on fisheries
- Scientific collection – With appropriate state and federal permits, researchers may collect protected birds for scientific study
However, these exceptions have specific restrictions and requirements to be legal. The average person cannot utilize them outside of very limited situations.
Penalties
There are a variety of penalties that may be brought against someone who shoots, kills, or hunts birds illegally, depending on the species and situation.
- Federal violations – Up to $15,000 fine and/or imprisonment up to 6 months under MBTA
- State hunting violations – Fines ranging from hundreds to tens of thousands of dollars, loss of hunting license privileges, and potential jail time in some cases
- ESA violations – Up to $50,000 fine and/or 1 year imprisonment for harming federally listed endangered/threatened birds
In addition, illegal killing of migratory birds under MBTA is a strict liability crime – all that needs to be proven is that you shot the protected bird, regardless of intent. Ignorance of the law is not an excuse.
Restitution
Monetary restitution may also be sought by the state wildlife agency for each illegally shot bird, to compensate for losing part of the public natural resource. This can multiply fines significantly.
For example, an Oklahoma man was fined over $25,000 for killing three whooping cranes, by having to pay $10,000 for each crane in restitution in addition to fines and court fees.
How to Avoid Violations
You can avoid accidentally violating federal and state laws when shooting or hunting birds by taking the following steps:
- Know your target – Be 100% certain of bird species identification before shooting
- Learn the laws – Study federal and your state migratory bird hunting guides before going afield
- Get proper licensing – Hunt only legal game birds and possess the required stamps and permits
- Follow season dates – Stay within the daily bag limits and season framework for each species
- Report violations – Self report or inform authorities if accidental prohibited take does occur
Conclusion
Hunting and shooting birds in the United States is a popular pastime with a long tradition. However, there are many species of birds that are illegal to hunt or shoot without a permit due to federal and state laws. Protected migratory birds, threatened/endangered birds, state game birds hunted outside of seasons, and species of concern may not be hunted or killed in most situations.
Penalties like heavy fines and potential imprisonment encourage hunters to learn the regulations and be certain of species identification before shooting. By knowing which birds are illegal to shoot and following licensing requirements, both intentional and accidental violations can be avoided.