What is the Migratory Bird Treaty Act?

The Migratory Bird Act 1918 may have come up in your research on bird control.  It is against the law to disturb or move birds’ nests.  This act protects nearly every bird species in North America.

What does the Migratory Bird Act Treaty actually say? Wikipedia says:

The statute prohibits the pursuit, hunting, taking, capture, killing, or sale of nearly 1,100 species listed as migratory birds. It does not distinguish between dead and live birds. The statute also provides full protection for any bird parts, including nests and feathers.

The law says that you can't interfere with the bird's existence or life.

Only three birds are not protected under the Migratory Bird Act of 1918: European starlings and feral pigeons. These birds aren't protected under the act because they aren't native to North America. These species can be considered invasive.

Starlings, sparrows, and pigeons were introduced to North America during the 1800's in small numbers. They quickly spread throughout the continent.  These birds were brought to New York City to control the insect population in Central Park.  They are now in the hundreds of thousands across North America.

These birds are not protected under the Federal Migratory Bird Act of 1918. However, we do not recommend moving nests yourself.  These birds might be protected by state and jurisdiction laws. However, it is not a wise move to move a bird’s nest yourself.  Bird nests can be a host to parasites, disease, and other diseases. Birds will soon become territorial.

The Migratory Bird Act Treaty protects all other North American bird species. Canada Geese and turkey vultures are all protected by the Migratory Bird Act Treaty.  It is illegal to remove a nest or take its eggs or feathers, harm or kill any of these birds, or move them.

The U.S. government had stopped enforcing penalties against individuals or businesses for accidentally killing birds in January 2021. However, penalties were reinstated in October 2021.

"The U.S. The Fish and Wildlife Service issues permits to allow for prohibited activities.  These permits can be used for falconry, taxidermy, scientific, educational, or depredation. One example is the killing of geese close to an airport where they pose a threat to aircraft.  (Wikipedia)

It is possible to obtain a permit to move birds that have nestled on your property.  A wildlife management contractor will usually need to file the permit.  Sometimes, the permit will be required by both a state and federal permit.  If you are having problems with birds nesting, it is a good idea to call a bird control service.

It is important to move a bird's nest within the legal limits.  These situations include when the nest poses a fire hazard, or the birds themselves pose a danger to humans.  If you find yourself in such a situation, it is best to contact a bird control company.  They can help you remove the bird nests and fix the problem.

Many bird control companies also use bird exclusion or bird deterrence tools like bird wire and bird netting.  These devices are permitted within the confines of the Migratory Bird Treaty Act.  These devices do not affect or interfere with birds, but instead block or deter them from entering or remaining in an area such as the roof rafters, solar panels, or rooftop ledges.

The first thing we ask when you are dealing with a bird control issue is whether the birds have already nestled. The Migratory Bird Treaty Act of 1918 will need to be considered if the birds have already nestled. Installing bird exclusion or deterrence devices is usually a better solution if the birds haven't yet nested.

Solid Avian Solutions installs professional bird control solutions for all species. We have decades of experience in bird management and have worked for both private and public agencies.

Free consultations are also available for bird control. To request a quote, call us at 866-936-6157.