Are Robins Protected Under Federal and State Law?

Yes — robins are protected by law. The American robin is covered by the federal Migratory Bird Treaty Act, which makes it illegal to kill, capture, sell, possess, or transport a robin, its feathers, its eggs, or an active nest without a permit from the U.S. Fish and Wildlife Service.¹ Most states add their own protections on top of that federal baseline. The practical rules below tell you what that means when a robin shows up on your property.

What the Federal Law Prohibits

The Migratory Bird Treaty Act (MBTA) covers more than 1,100 bird species, and the American robin (Turdus migratorius) is on the list. The core prohibition in 16 USC 703 is broad: without a valid federal permit, no one may kill, capture, possess, sell, purchase, ship, or transport a protected bird, or any part, nest, or egg of that bird.²

That language reaches the whole bird, an individual feather, an eggshell, or products made from any part. It also applies regardless of intent. Accidentally destroying a nest with eggs in it during yard work carries the same legal exposure as doing so on purpose.

“Incidental take” — harming a bird as an unintended side effect of a lawful activity like mowing or tree trimming — has been the most contested corner of MBTA enforcement. In April 2025 the Fish and Wildlife Service withdrew a proposed rule that would have created a formal permitting system for incidental take.³ Incidental take remains prohibited, though the agency uses enforcement discretion rather than prosecuting every accidental bird death. Willful or reckless conduct draws far more attention than a genuinely unavoidable incident.

For a homeowner, the practical takeaway is straightforward: if you know robins are nesting in a tree you plan to trim, proceeding anyway can be treated as a knowing violation. Robin nesting season runs roughly March through August, and scheduling tree work and landscaping outside that window is the simplest way to stay clear.

Active Nest vs. Empty Nest

This is where most everyday questions land. An active nest is one containing eggs or dependent young. Destroying, disturbing, or removing an active nest is illegal.⁴

An empty nest is different. The MBTA does not prohibit destroying an inactive, unoccupied nest, provided no one keeps the nest materials and no birds or eggs are harmed in the process.⁴ If robins built on your porch light last spring and it has sat empty all winter, you can knock it down and throw it out. What you cannot do is collect it and keep it — that is possession.

When a robin builds in an inconvenient spot and is actively using the nest, the practical answer is to wait it out. The whole cycle runs about four weeks: 12 to 14 days of incubation, then around 13 days in the nest before the chicks fledge.⁵ Keep foot traffic and noise down nearby. Robins tolerate people better than many species, but repeated close disturbance can push parents to abandon the nest.

Feathers You Find on the Ground

Possessing a robin feather is illegal without a permit, even if the feather was naturally molted or picked up off the ground. There is no finders-keepers exception. The narrow exemptions cover feathers from legally hunted migratory game birds and feathers used by Native Americans. Anyone wanting to keep bird feathers, bones, or whole specimens for educational or research purposes needs permits from both the Fish and Wildlife Service and their state wildlife agency.⁶

Realistically, no one is going to prosecute a hiker who pocketed a feather. The rule exists so people caught with illegally taken feathers cannot simply claim they found them.

When Robins Are Causing a Problem

Robins rarely cause serious damage, but large flocks can strip fruit trees, foul cars and outdoor furniture with droppings, or become a noise nuisance. You still cannot trap or kill them on your own.

What you can do without any permit is scare or herd them away.⁷ Reflective tape, fake predators, noise devices, and netting over fruit trees and garden beds are all lawful. Try these first. They solve most robin problems, and the Fish and Wildlife Service will want documentation of nonlethal efforts before it considers anything more aggressive.

If nonlethal methods fail and robins are causing real damage or a health or safety hazard, you can apply for a depredation permit from FWS. The application requires a description of the damage, proof of nonlethal attempts, and a review by USDA Wildlife Services. Permit fees are $50 for individuals and $100 for businesses, and the permit is valid for no more than one year.⁸ Even with the permit, strict conditions apply, including turning any birds killed over to a federal representative.⁷

Injured or Baby Robins

Federal regulations include a Good Samaritan provision that lets anyone pick up a sick, injured, or orphaned migratory bird and transport it to a licensed rehabilitator without a permit.⁹ The authorization is for immediate transport only. Keeping the bird at home to nurse it back to health, or trying to raise a baby robin yourself, requires a federal rehabilitation permit. It also tends to go badly; robins need specialized diets and care that untrained people rarely get right. Your state wildlife agency can point you to a licensed rehabilitator, and many states publish online directories.

One situation catches people out: a baby robin on the ground often does not need help. Fledglings spend several days on the ground learning to fly while their parents keep feeding them nearby. Unless the bird is visibly hurt or in immediate danger from a pet or traffic, leaving it alone is usually the right call.

Penalties

MBTA violations split into two categories with very different consequences.

A basic violation of the MBTA or its regulations is a misdemeanor punishable by a fine of up to $15,000, up to six months in jail, or both.¹⁰

Knowingly taking a migratory bird with intent to sell or barter it, or actually selling or bartering one, is a felony. The statute sets the felony fine at up to $2,000 and up to two years in prison, though the Criminal Fine Improvements Act can push the maximum fine to $250,000 for individuals.¹⁰ The felony threshold is tied to commercial activity, so someone selling robin eggs online faces steeper exposure than a homeowner who tore down an active nest out of frustration. Even the misdemeanor numbers are serious enough to warrant caution.

State Law Adds Another Layer

The MBTA is a federal floor. Most states layer additional wildlife protections on top, and state fish and game codes commonly impose their own restrictions on harassing, capturing, or possessing native birds. Some states set penalties above the federal minimums, and state permits may apply alongside federal ones — the FWS feather guidance notes that both are needed for educational or research use of specimens.⁶

Because state rules vary widely, anyone dealing with a robin issue beyond simple observation should check with their state wildlife agency in addition to following federal law. State rules on nest removal timing, rehabilitation, and nuisance wildlife procedures can go beyond what the MBTA requires.

Reporting a Violation

If you witness someone destroying an active robin nest, killing migratory birds, or trafficking in protected species, you can report it to the U.S. Fish and Wildlife Service through its wildlife crime tips page.¹¹ Bring as much detail as you can: species, location, dates and times, the identity of the person or company responsible, and any photos or video. Reports involving commercial operations or large-scale destruction get more enforcement attention than isolated incidents.

1
eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act
2
Office of the Law Revision Counsel. 16 USC 703 – Taking, Killing, or Possessing Migratory Birds Unlawful
3
Federal Register. Migratory Bird Permits – Authorizing the Incidental Take of Migratory Birds – Withdrawal
4
U.S. Fish & Wildlife Service. Bird Nests
5
All About Birds. American Robin Life History
6
U.S. Fish & Wildlife Service. Feathers and the Law
7
eCFR. 50 CFR Part 21 Subpart D – Provisions for Depredating Migratory Birds
8
U.S. Fish & Wildlife Service. 3-200-13 Migratory Bird – Depredation
9
U.S. Fish & Wildlife Service. 3-200-10b Migratory Bird Rehabilitation
10
Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties – Forfeitures
11
U.S. Fish & Wildlife Service. Wildlife Crime Tips