Bird: Related Statutes

Statute by categorysort descending Citation Summary
CA - Birds - Part 2. Birds. West's Ann. Cal. Fish & G. Code § 3500 - 3864

These various sections are all related to the protection of birds in California.  Within these sections, the Legislature has enumerated fully protected birds in the state, prohibited activities such as destroying bird nests and eggs, required licenses for duck hunting, and outlined several provisions to guide state efforts in preserving and rehabilitating the California Condor.

CA - Birds, killing - § 598. Birds in cemeteries; killing, trapping, destroying nests, etc. West's Ann. Cal. Penal Code § 598

This statute makes it unlawful within any public cemetery or burying-ground to kill, wound, or trap any bird, or destroy any bird's nest other than swallows' nests, or remove any eggs or young birds from any nest.

CA - Food Production - Chapter 13.4. Force Fed Birds West's Ann. Cal. Health & Safety Code § 25980 - 25984.1

This chapter concerns force fed birds (usually ducks or geese), employed in the process of making foie gras . Beginning July 1, 2012, California outlaws the sale of any product in the state that is the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size. A peace or humane society officer may issue a citation for a civil penalty up to $1,000 for each violation, and up to $1,000 for each day the violation continues.

CA - Forfeiture - § 599aa. Seizure of fighting animals and birds, paraphernalia, etc.; affidavit of officer; custody of seized p West's Ann. Cal. Penal Code § 599aa

This section provides for the seizure and forfeiture of all birds, animals, paraphernalia, and any other property which is used in the fighting of birds or animals, the training of birds or animals to fight, or to inflict pain or cruelty on fighting animals.  The section outlines the procedures for seizure and forfeiture, including what is to be done with seized animals.

CA - Hunting - § 3511. Fully protected birds; permits or licenses; necessary scientific research; legal imports; West's Ann. Cal. Fish & G. Code § 3511

California law specifically states that no other statutes are to be construed to allow the taking of state protected birds, of which the golden eagle and bald eagle are listed, and any licenses issued to take protected birds are void unless issued for scientific or depredation purposes.

CA - Hunting - § 3513. Migratory nongame birds; protection West's Ann. Cal. Fish & G. Code § 3513

California law reiterates that it is illegal to take or possess any bird or its parts that is listed under the Migratory Bird Treaty Act, of which the eagle is listed. .

DE - Hunting - § 739. Prohibitions respecting bald eagles; disturbing, damaging or destroying nests; eggs; penalties 7 Del.C. § 739

Delaware law makes it a Class A environmental misdemeanor to disturb or damage the nest or eggs of a bald eagle or to kill or possess a bald eagle. It is also prohibited to barter and trade in bald eagles or their parts.

England - Slaughter - The Welfare of Animals (Slaughter or Killing) (Amendment) (England) Regulations 2012 2012 No. 501 These Regulations amended the Welfare of Animals (Slaughter or Killing) Regulations 1995. Provisions extend the range of birds that can be killed by gas mixtures in specific circumstances, and extend the time limits under which a prosecution may be brought.
GA - Hunting - Chapter 3. Wildlife Generally Ga. Code Ann., § 27-3-22 Georgia is unique as it prohibits the killing, possession, sale, and transporting of eagles and other migratory birds except for the transportation of feathers into the state of non-migratory birds for millinery purposes (the making of hats or headdresses).
MA - Possession - Chapter 131. Inland Fisheries and Game and Other Natural Resources. M.G.L.A. 131 § 75A

Massachusetts specifically protects the eagle as a bird of prey from hunting or possession, unless provided by permit. The law further prohibits the possession, harassment or harming of the eggs and nests of birds of prey. Notably, sale and transportation are not specifically listed under the statute. .

MD - Habitat - Subtitle 7. State Chesapeake Bay and Endangered Species Fund MD Code, Natural Resources, § 1-705

Maryland law specifically allocates funds for the habitat protection, conservation, and propagation of endangered and threatened species. This fund has a provision that designates this fund for the monitoring, surveying, and protection of bald eagle nest sites in addition to other wildlife.

MI - Initiatives - Michigan Proposal 3 (mourning dove hunting) 2006 Michigan Proposal 3

In 2006, Michigan voters were presented with Proposal 3 that would have legalized the hunting of mourning doves by adding the species to the state game list. The measure was defeated by a 69 to 31 percent vote.

MS - Hunting, birds - § 49-1-39. Killing animals or birds injurious to agriculture; Miss. Code Ann. § 49-1-39; Miss. Code Ann § 49-5-7 Mississippi amended its laws in 2000 to specifically disallow the killing of any bird protected under the Migratory Bird Treaty Act, and was further amended to prohibit the killing or molestation of any wild bird (other than a game bird and some excepted species). While the law was written with an evident bias toward agricultural protection, it does specifically mention the eagle as one of the species protected under federal law.
MX - Bird - Parrot Ban (DECREE by which article 60 2 to the General Law of Wildlife) article 60 2 to the General Law of Wildlife

The ban prohibits the capture, export and import of 22 Mexican parrot species. The ban on imports was needed because most species are shared with Central and South American countries and many were being imported and used as cover up for illegal trade. The ban was approved by Congress last April by consensus and it was originally drafted after a presentation of a 2007 report, "The Illegal Parrot Trade in Mexico: A Comprehensive Assessment." The report revealed for the first time the volume of the illegal trade of parrots within Mexico. An estimated 65,000 -78,500 wild parrots and macaws are captured illegally each year, with more than 75 percent of the birds dying before ever reaching a purchaser. The measure was passed in late October of 2008.

MX - Bird - Parrot Ban in Spanish (DECREE by which article 60 2 to the General Law of Wildlife) artículo 60 Bis 2 a la Ley General de Vida Silvestre

(Text of law in Spanish). The ban prohibits the capture, export and import of 22 Mexican parrot species. The ban on imports was needed because most species are shared with Central and South American countries and many were being imported and used as cover up for illegal trade. The ban was approved by Congress last April by consensus and it was originally drafted after a presentation of a 2007 report, "The Illegal Parrot Trade in Mexico: A Comprehensive Assessment." The report revealed for the first time the volume of the illegal trade of parrots within Mexico. An estimated 65,000 -78,500 wild parrots and macaws are captured illegally each year, with more than 75 percent of the birds dying before ever reaching a purchaser. The measure was passed in late October of 2008.

NV - Migratory bird - 503.620. Protection of birds included in Migratory Bird Treaty Act N.R.S. 503.620 This Nevada law makes it unlawful for any person to hunt or take any dead or alive birds, nests of birds or eggs of birds protected by the Migratory Bird Treaty Act of July 3, 1918 (16 U.S.C. §§ 703 et seq.) or accompanying regulations.
OH - Bald Eagle - Chapter 4503. Licensing of Motor Vehicles. R.C. § 4503.572

This Ohio statute provides that funds derived from bald eagle license plates sales are used exclusively to acquire, develop, and restore habitat for bald eagles in Ohio.

OH - Falconry - Chapter 1533. Hunting; Fishing. Falconry. R.C. § 1533.05, 1533.051

This Ohio statute regulates falconry in the state.  It specifically excludes bald eagles from the listed species of raptors for use in falconry.

OH - Initiatives - Issue 1 Prohibition of the hunting of mourning doves Issue 1, 1998 (failed) This state issue, rejected by voters in 1998, would have amended Section 1531.02 of the Ohio Revised Code to prohibit the hunting or taking of mourning doves in Ohio. The proposed law specifically would have amended Section 1531.02 of the Ohio Revised Code by adding the words "NO PERSON SHALL HUNT OR TAKE A MOURNING DOVE." The measure failed with only 40.5% voting for the proposition.
OH - Nongame - Chapter 1533. Hunting; Fishing. Special Hunting Area; Nongame Birds; Scientific Permits. R.C. § 1533.06 - 1533.09

This Ohio statute prohibits the injuring, killing, pursuing, possessing, or exposing to commerce of all nongame birds.  The statute further prohibits the killing or possession at any time of bald or golden eagles, except for the educational or zoological possession by government affiliated agencies.  Notably, each possession or taking of a bird or bird part constitutes a separate offense.

OK - Game Animals - Part 4. Protected Game. § 5-410. Hawks; falcons; owls; eagles 29 Okl. St. Ann. § 5-410

Oklahoma law prohibits the knowing and willful killing or molestation of hawks, falcons, owls, or eagles, or their nests, eggs, or young. The only exceptions to this prohibition are the taking of a hawk or owl in the act of destroying domestic birds or fowl, or the use of hawks, owls, falcons, or eagles by licensed falconers.

US - AWA - 2007 Public Law110-22 2007 PL 110-22 The Animal Fighting Prohibition Enforcement Act of 2007 was signed into law on May 3, 2007. The law upgrades current penalties by creating felony-level jail time (up to 3 years) for violations of the federal animal fighting law, and it also prohibits interstate and foreign commerce of cockfighting weapons (e.g., knife, gaff, etc.).
US - Exotic Birds - Wild Exotic Bird Conservation Act 16 USC 4901 - 4916

The Wild Exotic Bird Conservation Act addresses the population threat to non-indigenous wild birds due to the demand the from U.S. as the number one importer of exotic birds (e.g., the "pet" bird trade).  Exceptions under the statute include qualified breeding facilities, scientific or zoological study, and people returning the U.S. who have been out of the country for more than a year (limited to two birds).

US - MBTA - Senate Bill 2547 An Act to Amend the Migratory Bird Treaty Act (MBTA) 2004 Senate Bill 2547

This Act, now known as the Migratory Bird Treaty Reform Act (MBTRA), revamps the MBTA by excluding species of birds that are "non-native" to the United States.  Under the bill, a bird species shall not be treated as native to the United States if the species occurs in the United States solely as a result of intentional or unintentional human-assisted introduction after the date of adoption of the treaty in 1918.  As a result, some 94 species of birds currently protected under the treaty would lose their protected status.

US - Migratory - Migratory Bird Hunting and Conservation Stamp Act 16 USC 718 - 718k

The Migratory Bird Hunting and Conservation Stamp Act, or the "Duck Stamp Act," as this March 16, 1934, authority is commonly called, requires each waterfowl hunter 16 years of age or older to possess a valid Federal hunting stamp.  Receipts from the sale of the stamp are deposited in a special Treasury account known as the Migratory Bird Conservation Fund and are not subject to appropriations.  A contest is held each year by the U.S. Fish and Wildlife Service to select the design of the stamp.

US - Migratory Bird - Migratory Bird Treaty Act 16 USC 703 - 712

This law implements the treaties that the US has signed with a number of countries protecting birds that migrate across our national borders.  It makes illegal the taking, possessing or selling of protected species. For more, see the Topical Introduction to the MBTA.

US - Poultry Products Inspection Act (PPIA) 21 U.S.C.A. § 451 - 472

PPIA regulates the processing and distribution of poultry products. To ensure that poultry is fit for human consumption, it forbids the buying, selling, transporting and importing of dead, dying, disabled, or diseased poultry and products made from poultry that died other than by slaughter. PPIA requires certain sanitary, labeling and container standards to prevent the sale of adulterated or misbranded poultry products. Violations may result in a fine and/or imprisoned.

WY - Hunting - Article 1. Game Bird Farms. W.S.1977 §§ 23-5-101 - 111

This Wyoming statute provides that one who desires to operate a game bird farm must file a verified declaration that states the purpose of the farm (breeding, propagating, or hunting) and a legal description of the tract of land.