Sparrows are a common bird found throughout most of the United States. There are two main species of sparrows in the US – the House Sparrow and the Eurasian Tree Sparrow. Both species are introduced to North America by humans and have adapted well to urban and suburban environments. However, their abundance and adaptability have also led them to be considered a nuisance by some. This has raised questions around whether sparrows are protected by law in the US or if they can be freely removed or even killed in some circumstances.
Are sparrows native to the US?
No, sparrows are not native to the United States or anywhere in the Americas. The House Sparrow was introduced to Brooklyn, New York from Europe in the 1850s. The Eurasian Tree Sparrow was also introduced later from Europe and Asia. Sparrows are native to Europe, Asia, and parts of Africa. Being non-native species, they are not protected in the US by any of the laws that aim to conserve native wildlife.
What US federal laws protect birds?
The main federal law that protects wild birds in the United States is the Migratory Bird Treaty Act of 1918 (MBTA). This act makes it illegal to harm or kill any migratory bird species or destroy their active nests without a permit. Over 1000 species are currently protected under the MBTA.
However, the MBTA only applies to native bird species. Since the House Sparrow and Eurasian Tree Sparrow are non-native species introduced by humans, they are not covered by the MBTA. Killing or removing sparrows does not violate federal law as long as no other protected species are harmed.
The other relevant law is the Bald and Golden Eagle Protection Act. This protects bald and golden eagles specifically by prohibiting killing, selling, or otherwise harming eagles, their nests, or eggs. Sparrows are not eagles so they are not covered by this law either.
Are there any state laws that protect sparrows?
States have authority over wildlife management within their boundaries. Some states have additional regulations regarding non-game species like sparrows, but protection varies widely.
For example, Hawaii has laws that protect all birds, regardless of origin. So sparrows cannot be harmed or killed there. Some other states like California, Florida, and New York prohibit harming native songbirds but do not extend those protections to introduced species.
Most states however do not provide any legal protections for sparrows beyond prohibiting outright cruelty. It is generally legal to remove nests, use deterrents, or even directly kill sparrows that are considered pests in most of the country. Homeowners should still check local regulations before taking any action against sparrows.
Can I remove sparrow nests from my property?
Yes, you can remove sparrow nests from your property without violating any federal or state laws in most parts of the US.
Sparrow nest removal may be done:
- To prevent them from nesting in awkward areas like gutters, vents, eaves, or indoor spaces
- To stop nesting sites from accumulating droppings and parasites
- To reduce noise from chicks and limit other nuisance factors
- For general exclusion if you don’t want sparrows nesting on your property
Nest removal is most effective when done before eggs are laid or hatch. It is best to inspect eaves and other sites early in the breeding season. Nests can simply be manually removed, with or without eggs present. Removing nesting materials frequently will discourage rebuilding.
Exclusion methods like bird netting or metal bird spikes can also be installed to prevent sparrows from nesting in particular areas. Getting rid of preferred nesting spots is the best long term nesting deterrent.
What methods can be used to remove or kill sparrows?
Since sparrows are not protected by federal or most state laws, various methods can legally be used to remove or kill them:
Non-lethal sparrow deterrents
- Removing food sources like bird feeders or accessible trash
- Removing or blocking potential nesting sites
- Scare tape, predator decoys (hawks, owls), or other scare devices
- Ultrasonic or high-frequency sound repellents
- Nest removal and habitat modification
- Netting or metal spikes to block roosting/perching areas
Lethal sparrow removal techniques
- Snap traps
- Live traps followed by lethal dispatch
- Shooting with pellet guns or small firearms where legal
- Toxic baits like Avitrol or DRC-1339 concentrates (require permits)
The most effective integrated sparrow control programs combine multiple nesting prevention and lethal removal techniques. This applies constant pressure and reduces populations over time. Always check your local regulations before trapping or using any lethal methods.
When is a federal permit required to control sparrows?
There are two scenarios where federal permits from the US Fish & Wildlife Service are required before sparrows can be trapped or killed:
1. Using any pesticide or rodenticide formulation to poison sparrows. This includes chemicals like Avitrol, DRC-1339, and others made specifically for bird control. These require a Federal Migratory Bird Depredation Permit.
2. When sparrow control takes place in states where they are legally considered migratory game birds. This includes Colorado, Kansas, and South Dakota. A Migratory Bird Permit is needed in these states.
The permit process requires describing control methods and documenting the need for sparrow management. Using poisons or traps without a permit can lead to fines or prosecution, even though sparrows are not protected species. Always check with your state wildlife agency before using any pesticide for bird control.
Will killing sparrows really reduce their populations?
Killing sparrows is unlikely to get rid of them permanently or even significantly reduce populations. Lethal control can temporarily reduce numbers at a specific site but sparrows reproduce quickly to replace losses.
Sparrows lay up to 7 broods per year with 2-7 eggs per clutch. Young sparrows reach breeding age within a year. Populations can rapidly bounce back after birds are killed.
Without also modifying nesting sites and food sources, lethal control provides only temporary relief from sparrow issues. Exclusion, habitat modification, and scaring are better long term management options.
Sparrows are so widespread that migration from surrounding areas also quickly replenishes any localized losses from trapping or shooting. Attempting to remove all sparrows is nearly impossible across a wide area. Focused, integrated control is a more realistic goal.
Conclusion
Sparrows are not native songbirds protected by federal law. Killing and nest removal are generally allowed without permits, but some states regulate methods or require permits. Exclusion and deterrents are the best permanent options for controlling sparrows. Lethal removal provides only temporary relief without other modifications. Always check current regulations before taking any action against sparrows. An integrated management plan that modifies food, water, cover, and nesting sites is most effective for long term sparrow control.