Migratory Bird: Related Statutes

Statute by categorysort descending Citation Summary
Bolivia - Wildlife - Ley 2352, 2002 Ley 2352, 2002 Approved and adopted the "CONVENTION ON THE CONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS" signed in Bonn, Germany, on June 23, 1979, into the Bolivian legal system.
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 - 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.
CT - Birds - Part VI. Birds C. G. S. A. § 26-91 - 98 This Connecticut chapter deals with wild birds. Section 26-92 states that no person shall catch, kill or purchase or attempt to catch, kill or purchase, sell, offer or expose for sale or have in possession, living or dead, any wild bird other than a game bird, or purchase or attempt to purchase, sell, offer or expose for sale or have in possession any part of any such bird or of the plumage thereof except as acquired under the provisions of this chapter. In addition, the hunting or taking of bald eagles and two species of swans is prohibited.
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.
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).
IL - Protected species - Article II. Game Protective Regulations. 520 I.L.C.S. 5/2.1 to 2.5a; 520 I.L.C.S. 5/2.36a This collection of statutes provides that the title of all wild birds and mammals rests with the state. A new section in 2011 vests the Department of Natural Resources with the ability to control the possession and release of species deemed exotic or invasive. Other sections concern the possession of certain wild birds and animals. Possession of any listed wild bird or its parts (including the eagle) is illegal under the statute, except for the bona fide scientific or zoological exhibition.
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.
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.
NH - Eagle, Golden - Chapter 209. Game Birds; Pigeons. N.H. Rev. Stat. § 209:1 - 209:13 New Hampshire prohibits the hunting, capturing, killing, or possession of any bald or golden eagle or disturbing eagle nests and young.
Northern Ireland - Wildlife - Conservation (Natural Habitats etc.) Regulations (Northern Ireland) 1995 1995 No. 380 These Regulations prohibit the deliberate taking, injuring, killing, disturbing, possession, or trading of certain wild species (as scheduled) in Northern Ireland. It is also an offence to take the nests or eggs of wild birds.
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 - 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 - 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 - Eagle - Bald and Golden Eagle Protection Act 16 U.S.C. 668 - 668d The BGEPA prohibits any form of possession or taking of both bald and golden eagles through criminal and civil sanctions as well as an enhanced penalty provision for subsequent offenses. Further, the BGEPA provides for the forfeiture of anything used to acquire eagles in violation of the statute. The statute excepts from its prohibitions on possession the use of eagles or eagle parts for exhibition, scientific, and Indian religious uses.
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.