Yes, crows are protected under federal law. The Migratory Bird Treaty Act (MBTA) makes it illegal to kill, capture, sell, or possess a crow, its parts, nests, or eggs without authorization, and violations can bring fines up to $15,000 and jail time.1eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act That protection is real, but it isn’t absolute. Federal rules let people take crows without a permit in specific damage situations, and most states run regulated crow hunting seasons.
Which Crows Are Covered
Six species sit on the federal protected list: American Crows, Fish Crows, Northwestern Crows, Hawaiian Crows, Tamaulipas Crows, and White-necked Crows.1eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act The American Crow is the one nearly everyone encounters. The Hawaiian Crow is a separate case with additional endangered-species protections, addressed at the end.
When You Can Kill a Crow Without a Permit
Federal regulations include a standing depredation order that covers American, Fish, and Northwestern Crows. Under this order, private citizens can take crows without applying for a permit in three situations:2eCFR. 50 CFR 21.150 – Depredation Order for Blackbirds, Cowbirds, Crows, Grackles, and Magpies
- When crows are causing serious injury to agricultural or horticultural crops, or to livestock feed.
- When crows are creating a health hazard or causing structural property damage.
- When crows threaten a species recognized as endangered, threatened, or a candidate species by federal, state, or tribal authorities.
Simply scaring or herding crows away doesn’t require any permit, as long as the species involved isn’t endangered or threatened.
Rules You Have to Follow
The depredation order is not a blanket license. Skip any of the following conditions and a legal control action becomes a federal wildlife violation.
Try Non-Lethal Methods First
Each calendar year, you have to attempt non-lethal control before killing crows. The regulation names netting, flagging, trained raptors, propane cannons, and recorded distress calls as examples.2eCFR. 50 CFR 21.150 – Depredation Order for Blackbirds, Cowbirds, Crows, Grackles, and Magpies Jumping straight to a shotgun because crows are eating your corn is not authorized.
Approved Methods Only
Firearms require nontoxic shot or nontoxic bullets. Air rifles and air pistols are exempt from the nontoxic requirement. Captured or wounded crows may only be killed by carbon dioxide or carbon monoxide inhalation, or by cervical dislocation performed by trained, regularly monitored personnel.3eCFR. 50 CFR 21.150 – Depredation Order for Blackbirds, Cowbirds, Crows, Grackles, and Magpies Poison and leg-hold traps are not authorized.
Annual Reporting
Anyone who takes crows under the depredation order must file an annual report on FWS Form 3-2436 with the appropriate Regional Migratory Bird Permit Office by January 31 of the following year. The report has to list the non-lethal techniques you tried and any accidental take of non-target protected birds. You also have to cooperate with wildlife officers who ask about your control activities.2eCFR. 50 CFR 21.150 – Depredation Order for Blackbirds, Cowbirds, Crows, Grackles, and Magpies
No Selling
You can possess, transport, and dispose of the remains, but you cannot sell or offer to sell any crow or crow parts taken under the depredation order. Selling a bird taken under this authority pushes the offense from misdemeanor to felony territory.
Crow Hunting Seasons
Most states run regulated crow hunting seasons, and this is the second legal path to taking a crow. Federal rules give states room to set their own seasons and bag limits, but every state season has to comply with four federal restrictions:4eCFR. 50 CFR 20.133 – Hunting Regulations for Crows
- No hunting from aircraft.
- Total season length cannot exceed 124 days per calendar year.
- No hunting during the peak crow nesting period in the state.
- Only firearms, bow and arrow, or falconry are allowed.
You need a valid state hunting license. Most states cover crows under a general or small-game license. The federal Migratory Bird Hunting and Conservation Stamp (the “duck stamp”) is not required, because it applies to waterfowl. Bag limits, shooting hours, and any small-game endorsement rules vary by state, so check with your state wildlife agency before hunting.
When You Need a Separate Depredation Permit
If your situation doesn’t fit the categories in the standing order, or involves a protected crow species the order doesn’t cover, you have to apply for a depredation permit from the U.S. Fish and Wildlife Service.5eCFR. 50 CFR 21.100 – Depredation Permits The application goes to the Regional Migratory Bird Permit Office and has to describe the area, the type of damage, the extent of losses, and the species involved.
The application fee is $100, plus a $50 administration fee. Homeowners pay a reduced $50 fee with no additional administration charge. Fees are non-refundable whether or not the permit is issued.6eCFR. 50 CFR 13.11 – Application Procedures and Fees Permits specify how many birds can be removed and expect you to keep using non-lethal deterrents alongside any authorized lethal take.
Penalties If You Break the Rules
Killing or possessing a crow without authorization is a federal misdemeanor. The penalty is a fine of up to $15,000, up to six months in jail, or both. If someone knowingly takes a migratory bird with the intent to sell or barter it, the offense becomes a felony, punishable by fines up to $2,000 and up to two years in prison.7Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties
The felony line is drawn at commercial intent. Shooting a crow in your yard without following the depredation order is a misdemeanor. Shooting crows and selling the feathers is a felony. That’s why the depredation order flatly prohibits selling any bird taken under its authority.
The Hawaiian Crow Is Off Limits Entirely
The Hawaiian Crow, known as the ʻAlalā, is not in the same category as mainland crows. It is federally listed as endangered under the Endangered Species Act and carries the same designation under Hawaii state law. It went extinct in the wild in 2002 and exists today only through captive breeding and reintroduction. The federal crow hunting regulations explicitly exclude Hawaii, and the depredation order covers only American, Fish, and Northwestern Crows.2eCFR. 50 CFR 21.150 – Depredation Order for Blackbirds, Cowbirds, Crows, Grackles, and Magpies Harming an ʻAlalā triggers penalties under both the MBTA and the Endangered Species Act.