Yes, hawks are protected species. Every hawk native to the United States is covered by the federal Migratory Bird Treaty Act of 1918, which makes it illegal to kill, capture, possess, sell, or transport a hawk, or any part of one, without a federal permit. State wildlife laws add another layer on top. The reach of these rules is broader than most people realize: even a feather picked up off the ground counts.
What Federal Law Prohibits
The Migratory Bird Treaty Act (MBTA) implements conservation treaties the U.S. signed with Canada, Mexico, Japan, and Russia, and it covers all native migratory birds, hawks included.1U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918 Under the statute, it is unlawful to pursue, hunt, take, capture, kill, possess, sell, trade, ship, import, or export any protected bird, or any part, nest, or egg, without authorization from the U.S. Fish and Wildlife Service.2Office of the Law Revision Counsel. 16 USC 703 – Taking, Killing, or Possessing Migratory Birds Unlawful
Intent doesn’t matter for basic liability. You don’t have to be hunting a hawk on purpose; accidentally killing one during otherwise lawful activity can still trigger a violation. The Fish and Wildlife Service currently treats incidental take, meaning unintentional killing tied to industrial or other activity, as prohibited, though it applies enforcement discretion for projects that use recognized best practices to avoid and minimize bird deaths.3Federal Register. Regulations Governing Take of Migratory Birds; Revocation of Provisions A homeowner whose cat catches a hawk isn’t the target; a company ignoring known bird hazards on a wind farm or construction site is.
Penalties
Most MBTA violations are misdemeanors. Fines run up to $15,000, and jail time can reach six months.4Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties; Forfeitures You don’t need to know the bird was protected for misdemeanor liability to attach.
Felony charges apply when someone knowingly takes a migratory bird intending to sell or barter it. The MBTA sets the felony fine at $2,000 with up to two years’ imprisonment, but general federal sentencing law allows courts to impose individual felony fines up to $250,000, since the MBTA doesn’t exempt itself from those higher caps.5Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine The Lacey Act can stack on additional penalties when hawks or their parts cross state or international lines, with felony violations carrying up to five years.
Feathers, Nests, and Other Parts
This is where the law surprises people. Possessing hawk feathers, talons, bones, nests, or eggs without a federal permit is illegal regardless of how you got them. The Fish and Wildlife Service is explicit that the prohibition covers naturally molted feathers and feathers taken from birds killed by window strikes or road collisions.6U.S. Fish and Wildlife Service. Feathers and the Law There is no “I found it on the ground” exception for the general public.
Enforcement against a hiker who picks up one feather is extremely unlikely, but the statute doesn’t distinguish. Collecting feathers, displaying hawk parts, or selling anything that incorporates them carries real legal risk.
One boundary worth noting: enrolled members of federally recognized tribes may possess, use, wear, and carry feathers and parts of federally protected birds for religious and cultural purposes without a permit, and may acquire naturally molted or fallen feathers from the wild, so long as no compensation is exchanged for the feathers themselves.7U.S. Fish & Wildlife Service. Eagle Parts for Native American Religious Purposes That exception does not extend to the general public.
If You Find an Injured Hawk
Federal regulations let any person pick up a sick, injured, or orphaned migratory bird and transport it immediately to a permitted wildlife rehabilitator or licensed veterinarian, no permit required.8eCFR. 50 CFR 21.76 – Rehabilitation Permits The operative words are “immediate transport.” You cannot take the bird home, try to rehabilitate it yourself, or hold onto it while you research options. The exception covers only the act of getting the hawk to someone authorized to care for it.
Contact your state wildlife agency or find a licensed rehabilitator in your area, and call ahead so the facility can prepare and confirm they accept raptors.9U.S. Fish & Wildlife Service. What to Do if You Find a Baby Bird, Injured or Orphaned Wildlife Don’t feed the bird, offer water, or try to treat injuries.
Hawks on Your Property
Hawks nesting on your roof, harassing you in the yard, or preying on chickens create real problems, and the law recognizes that. The options are narrower than most property owners expect.
Nest Removal
Whether you need a permit depends on whether the nest is active. An inactive nest, meaning one without eggs or chicks, can be removed without a federal permit, provided you destroy it and don’t keep it.10U.S. Fish and Wildlife Service. Frequently Asked Questions About a Federal Depredation Permit An active nest with eggs or chicks requires a federal depredation permit before you touch it. Eagle nests and nests of federally threatened or endangered species fall under a separate, stricter permit process even when inactive.
Deterrents and Depredation Permits
You can harass or scare hawks off your property without a permit, so long as you don’t injure or kill the bird and don’t disturb an active nest.11U.S. Fish and Wildlife Service. What You Should Know About a Federal Depredation Permit Visual deterrents, noise devices, and covered enclosures for small animals are all legal with no paperwork.
If non-lethal methods fail and a hawk is actively killing livestock, lethal action requires a federal depredation permit first. The application requires you to document your non-lethal efforts; killing or capturing cannot be your primary approach and will only be authorized alongside ongoing non-lethal measures.11U.S. Fish and Wildlife Service. What You Should Know About a Federal Depredation Permit The permit must be applied for by the landowner or land manager experiencing the damage, though pest control contractors can assist as subpermittees. To start, call Wildlife Services at 866-487-3297 to obtain Form 37.
Legal Ways to Handle Hawks
The MBTA carves out a few narrow paths for lawful possession or handling, each requiring its own federal permit and, in most cases, matching state authorization.
Licensed falconers can possess, train, and hunt with hawks under tiered federal falconry regulations, administered by states within a federal framework.12eCFR. 50 CFR 21.82 – Falconry Standards and Falconry Permitting Most states require an apprenticeship under a licensed falconer before you can hold birds independently.
Permitted wildlife rehabilitators can take injured hawks from the wild, hold them for up to 180 days for care, and transport them for release or transfer.8eCFR. 50 CFR 21.76 – Rehabilitation Permits Rehabilitation permits do not authorize using the birds for education.
Researchers and educators can apply for a federal scientific collecting permit to collect, transport, or possess hawks, parts, nests, or eggs for research or educational purposes.13U.S. Fish & Wildlife Service. Migratory Bird and Eagle Scientific Collecting Purely observational research that doesn’t involve collecting or possessing birds doesn’t need a permit.
State Law Adds More
Federal law sets the floor. States enforce their own wildlife statutes, and many go further: a hawk species can be listed as endangered or threatened within a state even when it isn’t federally listed, and states routinely add habitat rules, extra permit steps, or steeper penalties for harming raptors. State wildlife agencies coordinate with the Fish and Wildlife Service, so a violation of one set of rules usually invites scrutiny under both. If you’re weighing action involving a hawk on your property, check your state’s regulations separately. A state can impose stricter rules than the federal government, but it cannot relax them.