Bird protection
laws & agencies.

Federal · State · Tribal · Local

A field guide to the laws, agencies, and project contacts that protect birds and their habitats in the United States.

General information, not legal advice. Sources and status reviewed September 2026.

Historical-style illustration of an Edwardian woman wearing a hat with bird plumes, living snowy egrets in a marsh, and a document titled Migratory Bird Treaty Act, 1918.
When fashion came at a cost to birds.New illustration inspired by the feather-trade era. Explore the history

The protection layers

One bird can be protected by several laws.

The MBTA, Endangered Species Act, and Eagle Act are laws. Agencies administer them, manage habitat, and apply project-specific requirements.

Migratory birds

Migratory Bird Treaty Act

Protects birds on the federal migratory-bird list, including their parts, eggs, and nests. USFWS is the primary administering agency.

Listed species

Endangered Species Act

Provides species-specific protections and recovery measures for federally listed wildlife. For birds, USFWS is the federal contact.

Bald & golden eagles

Eagle Protection Act

The Bald and Golden Eagle Protection Act protects both eagle species, their nests, and eggs, including through restrictions on disturbance.

Your location

State & tribal protections

Separate species lists, wildlife laws, and permit systems may apply. Local rules, land-management decisions, and project conditions add other layers.

Vintage-style illustration of the U.S. Fish and Wildlife Service shield, with a flying bird, fish, mountains, and sun.
USFWS emblem, vintage illustration.
Independent educational use; no agency endorsement.

U.S. Fish & Wildlife Service

A starting point for federal bird protections.

The U.S. Fish and Wildlife Service (USFWS), within the Department of the Interior, administers and enforces the Migratory Bird Treaty Act. It also administers the Eagle Act and ESA protections for listed birds, connecting species conservation, permits, and habitat management.

Permit contacts checked September 28, 2026. ESA consultation and refuge access use the separate offices described below. For other eagle-permit regions, use the USFWS contact directory.

Key responsibilitiesAdministration · Permitting · Regulation · Conservation
  1. Administration

    USFWS administers and enforces MBTA protections for more than 1,000 listed native bird species, including their parts, eggs, and nests. The federal species list determines which birds are covered.

    USFWS responsibilities · Protected species list

  2. Permitting

    USFWS issues permits for scientific collecting, rehabilitation, depredation control, and other specifically authorized activities. Falconry permits are issued by states, tribes, or territories under federal standards.

    Migratory bird permits · Falconry standards

  3. Regulation

    Under authority delegated by the Secretary of the Interior, USFWS establishes federal limits for migratory game bird hunting. States and tribes set their seasons within those limits.

    How hunting regulations work

  4. Conservation

    Under the separate Migratory Bird Conservation Act, the Migratory Bird Conservation Commission approves land and water areas recommended by the Secretary for purchase or rental to conserve bird habitat. USFWS provides staff support.

    Commission & habitat conservation

ESA, eagle protections & project contactsDifferent laws · Different questions · The right USFWS office
  • Endangered Species Act

    USFWS handles listed birds under the ESA. Contact Ecological Services about species and critical habitat, federal Section 7 consultation, and Section 10 permit or habitat conservation plan questions. The pathway depends on the species, activity, and federal involvement.

    Find an Ecological Services office · ESA overview

  • Bald and Golden Eagle Protection Act

    The Eagle Act adds protections for bald and golden eagles, their nests, and eggs. Questions about disturbance, nest work, and eagle permits belong with USFWS Eagle Management. Eagle protections continue even when a bird is not ESA-listed.

    Eagle guidance & permits

  • Migratory bird permits

    Use the Migratory Bird Permit Program for the permit category that fits the proposed activity. Its current contact page routes eagle and non-eagle questions to the appropriate team.

    Find the permit team

  • National wildlife refuges

    For activities on refuge lands, contact the refuge manager about access and any special-use permission. That land-management review is distinct from species-specific wildlife permits.

    National Wildlife Refuge System

The MBTA protects listed migratory birds.

Three things every project team should know before vegetation clearing or nest work begins.

Certain actions are unlawful unless authorized.

The Migratory Bird Treaty Act makes certain actions involving protected migratory birds, their parts, nests, and eggs unlawful without authorization. The current federal list of covered species is in 50 CFR 10.13.

Occupied nests are the line.

The U.S. Fish & Wildlife Service states that destroying a nest containing eggs or chicks, or one that dependent young still rely on, is unlawful without authorization. Its 2025 nest memorandum explains how the agency distinguishes in-use and inactive nests.

The MBTA is one layer of several.

The Endangered Species Act, the Eagle Act, state and tribal law, local rules, permits, environmental commitments, and contracts may impose separate or more specific requirements on the same project.

PenaltiesPotential fines, imprisonment, and forfeiture

MBTA violations are criminal offenses, not ordinary administrative tickets. The penalty depends on the conduct and the charge.

  • Misdemeanor: a conviction can carry a fine of up to $15,000, imprisonment for up to six months, or both.
  • Knowing commercial offense: knowingly taking a protected bird intending to sell it, or knowingly selling or bartering one, is a felony punishable by up to two years. Although the MBTA contains an older $2,000 figure, federal sentencing law may permit substantially higher fines, including up to $250,000 for an individual, $500,000 for an organization, or twice the resulting financial gain or loss.
  • Forfeiture: vehicles, equipment, vessels, and other property used in certain commercial offenses may be forfeited.

Sources: 16 USC 707 and 18 USC 3571.

How violations can ariseExamples, and how an issue may reach enforcement

Potential violations include:

  • Killing, capturing, or possessing a protected migratory bird without authorization.
  • Destroying an occupied nest when the action kills or injures eggs, chicks, or dependent young.
  • Collecting or keeping protected feathers, eggs, nests, carcasses, or other bird parts without authorization.
  • Selling, purchasing, bartering, shipping, or transporting protected birds or their parts unlawfully.

Project crews may face separate consequences if they disregard permit conditions, consultation measures, environmental commitments, or contracts after an active nest is documented. Reports, inspections, photographs, dead or injured birds, damaged nests, field records, GIS data, and project communications can prompt an investigation by the U.S. Fish & Wildlife Service Office of Law Enforcement.

Important distinction: federal interpretation of incidental take remains legally complex and may vary by jurisdiction. For the April 2025 Interior opinion and the 2026 Endangered Species Act change, see what the federal rule changes mean for your project. An accidental bird death is not automatically equivalent to intentional or commercial misconduct. Other wildlife laws and project requirements may still create independent obligations.

Prohibited conduct is described in 16 USC 703.

Public complaints and project riskDocumented cases and practical lessons for project teams

A suspected bird or nest incident can create immediate community, schedule, and reputation consequences even when an MBTA violation is unproven. Complaints, photographs, injured birds, field records, and project communications may prompt agency review or news coverage.

  • Fredericksburg, Virginia (2010): a neighbor heard chainsaws and discovered a tree crew removing a red-shouldered hawk nest containing three chicks. The report led to a U.S. Fish & Wildlife Service investigation; the company owner pleaded guilty to an MBTA violation and was fined $3,000.
  • Oakland, California (2014): members of the public intervened after nestling black-crowned night-herons were injured during tree trimming at a post office. The event drew state and federal investigations, sustained news coverage, and intense public criticism.
  • Auburn, Alabama (2024): residents objected after a developer removed a bald eagle nest under a federal permit. City officials requested a federal review, and the developer issued a public explanation. This eagle example involves protections beyond the MBTA and shows that legal authorization does not necessarily prevent community or reputation risk.
The practical value of a defensible record: a timely survey, mapped observations, photographs, and written field notes document the conditions known at the time, guide field decisions, and help a project team respond accurately if concerns arise. A survey is not legal clearance, does not guarantee that a nest will not appear later, and cannot eliminate community concern.

These examples do not mean every complaint is substantiated or that every reported incident becomes an enforcement case. They show why teams may choose biological review before vegetation clearing even when the legal question is uncertain or a permit has already been obtained.

Examples: USFWS, Virginia hawk nest case · ABC7, Oakland night-heron incident · USFWS, Auburn eagle statement.

Which bird protections apply to your project?

Start with the legal requirements, then check agency guidance and your project’s permits or other commitments. Use site-specific field information to plan practical bird-protection measures.

01

Controlling law

Statutes, regulations, and binding court decisions determine legal obligations. These can change and may differ by jurisdiction.

02

Agency guidance

Memoranda, webpages, manuals, and recommended practices explain agency interpretation and risk-reduction methods, but are not all equivalent to a regulation.

03

Project commitments

Permit conditions, consultation documents, environmental plans, lender standards, and contracts can require measures beyond a general legal minimum.

04

Field judgment

Survey timing, coverage, documentation, and practical avoidance measures must fit the site, species, activity, and decision being made.

A field guide to the right office

Who else protects birds?

The species, landowner, project activity, and funding or permits determine who may be involved. Several agencies can have a role in the same project.

Start with the species and the site. For federal bird-law questions, use the USFWS contacts above. Then check the relevant state or tribal authority, land manager, and project-permitting agency below.

This national directory covers the principal agency roles and links to offices for your location. Expand a group to find when to contact each agency. Additional local, landowner, and funding requirements depend on the project.

Public contacts checked September 28, 2026. Each listing identifies its program and geographic coverage. Use the office serving your project location; general information lines can help route your question.

01State, tribal & local authoritiesStart with the jurisdiction your project is in.

State & territorial wildlife agencies

When to check: Projects in any state or territory.

Check state-listed birds, protected nongame species, nests, scientific permits, and state wildlife rules. Federal and state coverage can differ. State environmental, coastal, and public-land offices may also have a role.

Start with: The wildlife agency’s environmental-review or nongame program. For Texas, start with Texas Parks and Wildlife Department (TPWD).

Contact the right office

Texas · TPWD Environmental Review Team

Project review and coordination requests. TxDOT requests use WHAB_TxDOT@tpwd.texas.gov.

Official contact listing ↗︎

Tribal governments & BIA

When to check: Tribal lands, tribal authorizations, or projects affecting tribal resources.

Contact the relevant sovereign tribal government about its wildlife laws, land-use requirements, and natural-resource interests. The Bureau of Indian Affairs (BIA) can have a separate federal role in trust-land approvals; it does not replace the tribe.

Start with: The tribe’s natural-resources or environmental office; the BIA agency office when a BIA action is involved.

Contact the right office

BIA Office of Trust Services · routing help

Contact the affected Tribal government’s natural-resources office first. BIA can help identify the appropriate office.

Official contact listing ↗︎

Local governments & regional conservation plans

When to check: City or county approvals, preserves, tree removal, or a regional habitat conservation plan (HCP).

Planning departments, park districts, and conservation-plan administrators may address habitat through local rules, land management, and project approvals. HCP participation depends on the plan’s area, covered species, activities, and permit terms.

Start with: The city or county planning office and any applicable HCP administrator. The Balcones Canyonlands Conservation Plan is one Texas example.

Contact the right office

Travis County, Texas · BCCP participation

For the Balcones Canyonlands Conservation Plan. Other counties and cities have separate contacts.

Official contact listing ↗︎
02Federal land managersPublic lands, forests, parks, military lands & water projects.

Bureau of Land Management (BLM)

When to check: BLM-managed land, federal mineral interests, rights-of-way, grazing, or energy development.

Yes—BLM conserves birds and habitat on the lands it manages. Resource management plans and project authorizations can include wildlife measures, including measures for special-status birds. BLM land-use approval and USFWS bird-law authorizations serve different purposes.

Start with: The responsible BLM field office’s wildlife biologist and project manager.

Contact the right office

Nevada State Office · public inquiries

Ask for the field office and wildlife or project specialist serving the site. The office directory below covers other states.

Official contact listing ↗︎

U.S. Forest Service (USFS)

When to check: National forests and national grasslands.

Manages bird habitat and considers wildlife in forest planning, restoration, vegetation management, and authorized uses. Applicable forest plans and project decisions help determine site-specific measures.

Start with: The national forest or ranger district’s wildlife biologist and special-use or project staff.

Contact the right office

National Forests and Grasslands in Texas

Supervisor’s office: ask for the relevant ranger district’s wildlife or special-use staff. For other forests, use the forest directory below.

Official contact listing ↗︎

National Park Service (NPS)

When to check: National parks, seashores, monuments, and other NPS units.

Conserves birds and their habitat within park units. Park rules, seasonal closures, research permissions, and project approvals may protect nesting or sensitive areas.

Start with: The park’s natural-resources office and the staff responsible for the proposed activity.

Contact the right office

Intermountain regional office · includes TexasOfficial contact listing ↗︎
Pacific West regional office · includes Nevada parks

Ask to be connected to the affected park’s resource-management or permit staff.

Official contact listing ↗︎

Department of Defense & military installations

When to check: Military bases, ranges, and defense-related projects.

Installation natural-resource programs manage birds and habitat alongside the military mission. Integrated Natural Resources Management Plans (INRMPs), developed under the Sikes Act, help guide that work.

Start with: The installation’s natural-resources manager or environmental office.

Contact the right office

Natural Resources program · contact form

Use the program’s direct contact form for routing help; site-specific work belongs with the installation’s environmental office.

Official contact listing ↗︎

Bureau of Reclamation

When to check: Reclamation dams, reservoirs, canals, water operations, and associated lands.

Addresses fish, wildlife, and listed-species effects through project planning, environmental review, and consultation. Water operations and shoreline work can affect bird habitat.

Start with: The responsible Reclamation area or regional office’s environmental staff.

Contact the right office

Oklahoma–Texas Area OfficeOfficial contact listing ↗︎
Lower Colorado Basin Region · Boulder City, Nevada

Ask for the environmental staff responsible for the affected Reclamation project.

Official contact listing ↗︎

National wildlife refuges: USFWS is also a land manager. For work on a refuge, contact its manager about access, special-use permissions, and habitat concerns. Explore the refuge system.

03Water, energy & transportation agenciesAdditional contacts when a project needs their approval.

U.S. Army Corps of Engineers (USACE)

When to check: Work in waters or wetlands, navigation projects, or Corps-managed land.

Administers many Clean Water Act Section 404 and Rivers and Harbors Act Section 10 permits. Review may involve bird habitat and ESA coordination. Water jurisdiction depends on current law and site facts; some Section 404 permitting is administered by approved states or tribes.

Start with: The district Regulatory office for permits; the local project office for Corps-managed property.

Contact the right office

Fort Worth District · Regulatory

Permit and pre-application inquiries within this district. Confirm the project’s district before submitting.

Official contact listing ↗︎

Environmental Protection Agency (EPA)

When to check: Wetland impacts, water pollution, pesticides, or contaminated sites.

Protects environmental resources through pollution-control and pesticide programs, and shares responsibilities for the Section 404 wetlands program. These programs can protect birds and the habitats and food sources they depend on.

Start with: The relevant EPA regional program and the state or tribal environmental agency administering the applicable program.

Contact the right office

Region 6 · Section 404 wetlands, including Texas

Brent Larsen · wetlands regulatory contact.

Official contact listing ↗︎
Region 9 · Section 404 wetlands, including Nevada

Sahrye Cohen · wetlands regulatory contact.

Official contact listing ↗︎

NOAA & NOAA Fisheries (NMFS)

When to check: Marine or coastal projects, fisheries, and seabird bycatch.

NOAA contributes coastal and marine science, sanctuary management, and seabird-bycatch reduction. NOAA Fisheries also handles ESA responsibilities for many marine species. USFWS remains the ESA agency for listed birds, including seabirds.

Start with: The relevant NOAA regional or sanctuary office, alongside USFWS for bird protections.

Contact the right office

NOAA Fisheries Directorate · national routing

Ask for the regional habitat or protected-resources office relevant to the project.

Official contact listing ↗︎

Bureau of Ocean Energy Management (BOEM)

When to check: Energy or mineral projects on the federal Outer Continental Shelf.

Leasing, environmental analysis, and plan review consider marine and coastal birds. BOEM supports bird studies and coordinates with wildlife agencies on offshore project effects.

Start with: The BOEM regional or project environmental-review team.

Contact the right office

BOEM headquarters · general inquiries

Ask for the environmental-review staff for the relevant offshore region and project.

Official contact listing ↗︎

Bureau of Safety & Environmental Enforcement (BSEE)

When to check: Construction, operations, and decommissioning of offshore energy facilities.

Oversees offshore safety and environmental compliance, including applicable environmental conditions. Its work complements BOEM’s leasing and planning role and USFWS bird protections.

Start with: The responsible BSEE regional office or renewable-energy program.

Contact the right office

BSEE · general information

Ask for Environmental Compliance staff in the project’s offshore region.

Official contact listing ↗︎

Federal Energy Regulatory Commission (FERC)

When to check: FERC-licensed hydropower and other energy projects within its jurisdiction.

Environmental review and licensing can involve bird habitat, consultation with resource agencies, and enforceable project conditions. Contact FERC when it is the project’s licensing or authorizing agency.

Start with: The assigned FERC project team; use the project or docket number.

Contact the right office

Office of Public Participation

Help finding or participating in a FERC proceeding. Include the project name and docket number, if known.

Official contact listing ↗︎

Transportation agencies & the Coast Guard

When to check: Roads, bridges, rail or transit work, and airports.

State DOTs and federal transportation agencies can carry project environmental-review and wildlife commitments. FHWA is a contact for federal-aid highways; FAA for airport projects and wildlife hazards; the U.S. Coast Guard for applicable bridge permits over navigable waters.

Start with: The project sponsor’s environmental lead and the federal office funding or approving the work.

Contact the right office

FAA · Wildlife Hazard Mitigation

John Weller · airport wildlife-hazard questions.

Official contact listing ↗︎
FHWA Texas Division · environmental contact

Julie Wagner. Use the division directory for other states.

Official contact listing ↗︎
U.S. Coast Guard · Bridge Permits Division

Shelly Sugarman · bridge-permit routing.

Official contact listing ↗︎
04Conservation, conflict management & researchHabitat assistance, wildlife conflicts & scientific work.

USDA APHIS Wildlife Services

When to check: Bird conflicts involving agriculture, property, infrastructure, or human safety.

Provides wildlife-damage assessment, technical assistance, and management support. This is a conflict-management program; any required USFWS, state, or tribal bird authorizations remain a separate consideration.

Start with: The Wildlife Services state office.

Contact the right office

USDA APHIS Wildlife Services

Routes to a state office using the caller’s area code. Use the state directory if the project is in another state.

Official contact listing ↗︎

Natural Resources Conservation Service (NRCS)

When to check: Voluntary habitat improvement on farms, ranches, and working forests.

Provides technical and financial assistance for conservation practices that can benefit birds. Working Lands for Wildlife connects habitat goals with working-land management; program participation and any assurances have specific terms.

Start with: The local USDA Service Center or NRCS field office.

Contact the right office

Texas State OfficeOfficial contact listing ↗︎
Nevada State Office

Ask for the local service center or conservation specialist for the property.

Official contact listing ↗︎

U.S. Geological Survey (USGS)

When to check: Bird research, population information, banding, or marking.

Provides bird science and monitoring data. Its Bird Banding Laboratory administers federal bird-banding and marking permits. It is not the office for general development-project or eagle-take authorization.

Start with: The relevant USGS science program or Bird Banding Laboratory permit office.

Contact the right office

Bird Banding Laboratory · permit questionsOfficial contact listing ↗︎
Bird Banding Laboratory · band reportsOfficial contact listing ↗︎

Vintage emblems are original educational illustrations, not official insignia or agency endorsements. State, tribal, local, and transportation artwork represents a group of authorities. Agency roles and source links reviewed September 2026.

Four federal turns in eight years.

This tracks federal interpretations and policy actions. It does not replace the statute, controlling court law, or project-specific requirements.

  1. December 2017M-37050 issued

    Interior concluded that the MBTA does not prohibit accidental or incidental take.

  2. August 2020Federal court vacated it

    The Southern District of New York rejected that interpretation in the case before it.

  3. 2021Interior changed course

    The opinion was withdrawn and FWS began work on an incidental-take permitting approach.

  4. April 2025M-37085 reversed course again

    Interior directed its bureaus to treat M-37050 as authoritative, with an exception for actions within the Southern District of New York; FWS also withdrew the permit rulemaking.

Status reviewed September 2026. Agency policy is not the same as statutory text or a court holding. Sources: U.S. Department of the Interior M-37085 and the 2025 Federal Register withdrawal notice.

What this means on a project.

Does every project need a survey?

No universal federal rule requires the same survey for every project. Surveys are used when needed to identify protected resources, meet a written requirement, or manage a foreseeable project risk. Use the “Do I Need a Wildlife Survey?” guide to work through your site and planned activities.

Can an empty nest be removed?

The Service’s general MBTA nest policy allows destruction of an inactive nest without a permit when possession does not occur, but other species protections and laws can change that answer. Eagle nests are treated separately. See what to do when a nest is found and the eagle nest guidance.

Is “nesting season” one fixed window?

No. Species and regions differ, and birds can nest outside typical planning windows. A calendar is a screening tool, not proof that no nest is present. Explore the nesting-season guide for species and regional planning windows.

Read the current source.

Because legal interpretations and policies can change, verify current controlling authority and project documents before acting.

This page is general information, not legal advice. Status of sources reviewed September 2026.

Further reading

Feathers, fashion & a museum heist.

For the curious: a fashion history and a true-crime detour into the world of feathers.

Article · 2018

The Perils of High Fashion and the 1918 Migratory Bird Act Treaty

A look at feathered hats, the birds behind them, and the people who campaigned to change fashion. An exhibition of clothing and bird art brings this chapter of conservation history to life.

Read the article

Book · Narrative nonfiction

The Feather Thief

A theft of rare bird specimens from a museum in Tring, England, leads into the obsessive world of salmon fly-tying. A surprising companion read about collecting, the feather trade, and the scientific value of natural history collections.

Explore the book

Historical and cultural reading. For current requirements, use the official sources above.

Put this into your crews’ hands.

A company bird guidance plan turns the law into nest-response steps, contacts, and checklists your team can follow.

Get a bird guidance plan quote