Quick Answer
Seagulls are not federally protected under the Migratory Bird Treaty Act (MBTA) in the United States. The MBTA protects over 1,000 species of migratory birds, but seagulls are not included. However, seagulls may be protected under state and local laws. Some states consider seagulls a nuisance species and allow control methods like egg oiling, nest destruction, or trapping and relocation. But generally it is illegal to harm or kill seagulls without a permit.
Are seagulls protected by federal law?
No, seagulls are not protected under federal law in the United States. The Migratory Bird Treaty Act of 1918 is the primary law that protects migratory birds in the US. It was enacted to implement conventions between the US and Canada, Mexico, Japan, and Russia to protect shared migratory bird species. Over 1,000 species are listed under the MBTA, but common gull species like herring, ring-billed, California, and western gulls are not included.
The US Fish & Wildlife Service is responsible for enforcing the MBTA. They maintain a list of all species protected by the law. Absent from the list are several common nuisance bird species that people often group with seagulls, including European starlings, house sparrows, and rock pigeons.
Migratory Bird Treaty Act
The Migratory Bird Treaty Act makes it illegal to hunt, take, capture, kill, possess, sell, purchase, or barter any migratory bird or their parts, nests, or eggs without a permit. Violations, including incidental or accidental taking, can result in fines up to $15,000 and imprisonment for up to six months.
But again, common seagulls species are not covered. They may migrate along coasts and inland waterways, but do not meet the legal definitions and conventions for inclusion on the protected list.
Other Federal Laws
No other major federal laws protect non-listed gull species. The Endangered Species Act protects threatened and endangered species but does not apply to seagulls. The Bald and Golden Eagle Protection Act specifically covers only bald and golden eagles, not seagulls. And the Wild Bird Conservation Act regulates international trade of wild birds but has no restrictions on domestic control of seagulls.
State and Local Protections
While not federally protected, many state and local governments have implemented restrictions on harming or killing seagulls. Regulations vary widely, but often aim to balance protection of native wildlife with managing nuisance wildlife issues.
For example, many states prohibit harming seagulls but provide exceptions for legal control methods like trapping or nest and egg destruction. And some states designate certain gull species like the California gull as protected while omitting others.
Major state and local measures protecting seagulls include:
California
– Fully protected species under the California Fish and Game Code includes the California Gull, meaning it can’t be taken or possessed at any time.
– Other species like herring, western, and glaucous-winged gulls are protected under the state code but some control is allowed with a permit.
New York
– All gulls except herring and great black-backed gulls are state-protected as threatened or endangered species. Taking these species is prohibited.
– Herring and great black-backed gulls are considered unprotected and can be taken with proper permits.
Massachusetts
– Herring and great black-backed gulls are not protected by the state.
– Other gull species like ring-billed, laughing, and California gulls are state-listed as Species of Special Concern, meaning take is restricted.
New Jersey
– Gulls are protected under the state’s public trust doctrine covering wildlife. Killing or harming gulls is prohibited without a permit.
– Nuisance gull nest and egg destruction permits are issued by the state government to manage populations.
Oregon
– Harming seagulls is prohibited under the state’s wildlife protection laws.
– But the state classifies gulls as predatory birds, allowing permits for limited control activities like nest destruction.
Texas
– No state laws protect seagulls. Legal control options can include nest/egg removal, livestock protection, and trapping/relocation permits.
Florida
– No provisions protect seagulls under the state’s animal cruelty laws. No permit is needed for lethal control.
Are seagulls protected in Canada?
Like the US, protections for seagulls vary across Canada. Herring, great black-backed, and ring-billed gulls are common generalist species not protected federally in Canada under the Migratory Birds Convention Act.
But several provinces designate seagulls as protected at the local level:
– British Columbia – All gulls except herring and California gulls are protected year-round under the BC Wildlife Act.
– Ontario – Herring, ring-billed, and great black-backed gulls are classed as game birds with open hunting seasons. Other species are protected.
– Quebec – No gull species are designated protected wildlife under provincial law.
– Nova Scotia – All gulls are protected year-round. An exception permits landowners to control nuisance gulls on their property.
– Newfoundland – Herring and great black-backed gulls are not provincially protected. Several other species are protected year-round.
So protections depend on the province and species. Gulls cannot be harmed or killed in some areas without authorization, while other regions place no restrictions.
Why aren’t seagulls federally protected?
There are several reasons why seagulls commonly seen in North America lack federal protections:
Not included in original treaties
The conventions establishing the Migratory Bird Treaty Act focused on protecting shared game birds, insectivorous songbirds, and sensitive species from overhunting. The most common gull species were likely not considered in need of protections when originally drafting the conventions in 1916 and 1936.
Abundant generalist species
Today, the main species like herring, ring-billed, and California gulls have extremely large populations not at risk of extinction. They thrive around human activity and habitats. So gulls have not required additional federal safeguards.
Considered nuisance species
Many regard these common gull species as pests at fisheries, landfills, urban areas, and beaches where they scavenge. Lacking federal protection allows states and communities to implement control methods as needed.
Non-native invaders
Some widespread gulls like the European herring gull are not even native to North America. They were introduced from Europe in the 1900s. Non-native species are less likely to be protected.
Insufficient interest
No major lobbying efforts have focused on adding common gulls to the protected migratory bird list. Rule changes require substantial political will and justification.
Can you kill seagulls legally?
Killing seagulls is illegal in many circumstances, but exceptions allow lethal control in some cases. Legally killing gulls typically requires special permits and methods that do not violate state or local laws. The regulations on destroying gulls include:
Federal laws
No federal law prohibits killing seagulls in the continental US. The Migratory Bird Treaty Act does not apply to gulls. Killing endangered or threatened species like the California least tern remains illegal.
State and local laws
Many states prohibit killing gulls without authorization. Hawaii provides a good example, listing all gulls as protected species and prohibiting take. Check state and local ordinances before lethally removing gulls.
Permit requirements
Several states like New Jersey allow killing small numbers of gulls with proper depredation permits. These require applying to wildlife agencies and demonstrating the need for lethal control.
Population management
Some organized culling and egg oiling programs are approved to limit seagull populations. USDA Wildlife Services participates in management programs, often carried out by trained professionals.
Hunting regulations
A few states designate certain gulls as game species during hunting seasons with bag limits. Outside legal hunting, killing is prohibited.
So while killing gulls is restricted or banned in many areas, limited exceptions apply. Those planning on destroying gulls should consult all regulations first and utilize permitted non-lethal options when possible.
Methods for legally killing seagulls
Where lethal gull control is allowed, regulations often dictate humane approved methods:
Shooting
Qualified professionals may shoot gulls under depredation permits, typically using small caliber rifles and shotguns with non-toxic loads. Shooting requires training and safety protocols to be legal and effective.
Cervical dislocation
Severing the neck is approved for euthanizing gulls in some research and management programs. Properly trained handlers restrain and quickly dislocate the neck.
CO2 and inert gas
Exposing gulls to inhaled carbon dioxide or inert gases like nitrogen and argon can humanely euthanize them. Appropriate chambers and gas sources are required.
Avicides
Poisonous chemicals like DRC-1339 are carefully used to kill gulls in limited nuisance wildlife control programs conducted by the USDA. Bait treated with approved avicides is lethal when ingested.
Traps
Live traps such as mist nets and nest box traps legally capture gulls for banding or euthanasia. All traps must be checked frequently to avoid harming the birds.
Destroying eggs
Oiling, shaking, freezing, and removing eggs from nests are allowed in some areas to reduce gull chick populations. Permits are often required.
The most effective and legal methods require expertise, training, and authorizations. Killing gulls without proper protocols risks violating protections.
Alternative methods to deter seagulls
Where killing gulls is restricted or undesirable, many alternatives effectively deter them without lethal harm:
Exclusion devices
Netting, wires, slope boards, and other physical barriers prevent gulls from accessing feeding and nesting areas.
Habitat modification
Eliminating feeding, resting, and nesting sites discourages gull congregation. Vegetation removal, structural ledges, gravel roofs, and improved sanitation help.
Repellents
Non-toxic chemical compounds like methyl anthranilate applied to areas make surfaces unpleasant and repel gulls.
Hazing and harassment
Noisemakers, lasers, balloons, hawk kites, and other scary devices frighten gulls away from sites. Trained dogs can also chase them.
Population suppression
Egg oiling, nest removal, and bird contraceptives reduce gull breeding and lower future populations.
Deterrents require ongoing effort but avoid harmful impacts and allow coexistence with gulls. Exclusion, polybutenes, falconry, and lasers tend to be most effective long-term.
Key takeaways on the legality of killing seagulls
– Seagulls like herring, ring-billed, and California gulls are not protected federally by the Migratory Bird Treaty Act in the US and Canada.
– States have varying laws. Some fully protect certain gull species while designating others as pests. Check local ordinances.
– Lethally removing gulls often requires depredation or nuisance control permits even where they are unprotected.
– Legal killing methods under permits include shooting, cervical dislocation, inert gases, and avicides.
– Non-lethal alternatives like exclusion, hazing, and egg control effectively deter gulls while avoiding harm.
– Balance gull population management, property rights, and conservation values when considering control options.
Conclusion
Seagulls frequently live alongside humans, thriving at beaches, dumps, and urban areas where food is abundant. But these opportunistic habits often create conflicts with human interests. Properties get overloaded with noise, droppings, and damage from hyper-abundant gulls.
This leads some people to consider killing nuisance gulls. However, while seagulls lack protections under federal law, many state and local ordinances prohibit harming or killing gulls without authorization. Only where gulls are designated legal to kill with proper permits can lethal control legally proceed.
Even then, non-lethal alternatives like exclusion devices, Lasers, falconry, egg oiling, and habitat modification are preferable first options. They avoid the ecological and ethical problems of killing native wildlife while still reducing conflicts. Integrated gull management programs that balance deterrents, population control, and habitat changes can best mitigate problems.
With thoughtful solutions, we can discourage nuisance gull behaviors, limit populations, and prevent property damage while respecting conservation values and humane practices. This allows for improved coexistence with the seagulls among us.