A lethal wildlife control permit authorizes you to kill specific animals that are damaging crops, property, or livestock, but only after non-lethal methods have failed and only through the correct agency: the U.S. Fish and Wildlife Service for migratory birds, your state wildlife agency for everything else. Picking the wrong system, or acting without any permit at all, exposes you to fines up to $15,000 and six months in jail under federal law alone.1Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties The rest of this article walks through which agency to go to, what you need to prove, how the application works, what the permit lets you do, and what happens if you skip the process.
Which Agency Issues the Permit
Species dictates jurisdiction. Migratory birds — songbirds, raptors, waterfowl, blackbirds, crows, and many others — fall under the Migratory Bird Treaty Act, which makes it illegal to kill, capture, or possess any protected migratory bird without federal authorization.2Office of the Law Revision Counsel. 16 USC 703 – Taking, Killing, or Possessing Migratory Birds Unlawful The U.S. Fish and Wildlife Service issues depredation permits for those birds under 50 CFR 21.100.3eCFR. 50 CFR 21.100 – Depredation Permits
Non-migratory wildlife — white-tailed deer, coyotes, feral hogs, raccoons, and similar species — is managed by state fish and wildlife agencies. Each state sets its own fees, eligible species, and operator licensing. The two systems don’t overlap neatly. Canada geese destroying a soybean field is a federal matter. Feral hogs rooting up the same field is a state matter.
Some situations touch both layers. USDA APHIS Wildlife Services provides technical assistance to landowners and can coordinate federal and state permits when a problem involves multiple species. Calling your state agency or a local Wildlife Services office early is faster than filing paperwork with the wrong authority.
One narrow point worth knowing: you don’t need any federal permit just to scare or herd migratory birds that are depredating, as long as the species isn’t endangered, threatened, or a bald or golden eagle.3eCFR. 50 CFR 21.100 – Depredation Permits The permit requirement kicks in only when you intend to kill, capture, or possess.
What You Have to Prove to Qualify
Federal depredation permits are not available because birds are annoying. You must show migratory birds are actively injuring crops, livestock, property, or other specific interests. The regulations require a description of the damage area, the nature of the interests being harmed, the extent of injury, and which species are responsible.3eCFR. 50 CFR 21.100 – Depredation Permits Vague complaints won’t carry an application.
Non-lethal deterrents must come first. For blackbirds, cowbirds, crows, grackles, and magpies, you must attempt non-lethal control each calendar year before using lethal methods. The regulations list examples: netting, flagging, trained raptors, propane cannons, and recorded distress calls.4eCFR. 50 CFR Part 21 – Migratory Bird Permits For double-crested cormorants, states and tribes must implement non-lethal methods and independently determine those methods are insufficient before any lethal take. The reviewer wants proof you exhausted reasonable alternatives, not a sentence saying you tried.
What Goes in the Application
Applications go to the FWS Regional Director for the region where the damage is occurring. You must include the general information and certification required under 50 CFR 13.12(a) plus four specific elements: the area where depredation is happening, the nature of the crops or interests harmed, the extent of the injury, and the species responsible.3eCFR. 50 CFR 21.100 – Depredation Permits
In practice, a strong application goes further. Give precise coordinates or a legal property description so the permit applies only to the affected area. Attach photographs of damage, veterinary records for injured livestock, and financial records showing crop losses. Provide monetary estimates where possible. Concrete evidence reduces the odds that a reviewer sends you a request for supplemental information that delays everything by weeks.
Document the non-lethal methods you’ve already tried. Name the techniques, say how long you used them, and explain what happened. If a method was economically impractical to sustain, say why. Forms and instructions are available through the FWS ePermits portal and the agency’s permit forms page.5U.S. Fish & Wildlife Service. Permit Types and Forms The Migratory Bird Permit Office administers over 20 permit types, so confirm you’re using the depredation form, not scientific collecting or taxidermy.
Fees and Processing Time
The application processing fee for a standard migratory bird depredation permit is $100. A reduced fee of $50 applies to homeowner depredation permits. Amendments to existing permits cost $50.6U.S. Fish & Wildlife Service. Migratory Bird Permit Processing Fees Fees are nonrefundable whether the permit is approved, denied, or abandoned.7U.S. Fish and Wildlife Service. Federal Fish and Wildlife Permit Application Form
Submit well in advance. Federal regulations tell applicants to file at least 60 calendar days before the requested effective date, and some applications take more than 90 days.8eCFR. 50 CFR 13.11 – Application Procedures Environmental review under NEPA, public comment, and inter-agency consultation can extend things further. FWS processes applications in the order received and does not expedite individual requests.9U.S. Fish & Wildlife Service. Permit Application Form Instructions
A wildlife biologist or conservation officer may schedule a site visit before issuance, especially when the claimed damage is large or the target species carries conservation concern. An approved permit specifies the authorized species, the number of birds that may be taken, the geographic area, and an expiration date. No depredation permit lasts longer than one year.10eCFR. 50 CFR 21.100 – Depredation Permits
What the Permit Actually Lets You Do
A depredation permit is not a blank check. Unless the permit says otherwise, you may only use a shotgun no larger than 10 gauge, fired from the shoulder, and only on or over the area described on the permit. You cannot use blinds, pits, decoys, duck calls, or any other device designed to lure birds within range.10eCFR. 50 CFR 21.100 – Depredation Permits This is pest control, not sport hunting.
Shotguns must be loaded with nontoxic shot. Federal law prohibits any shot type with a lead content of one percent or more for taking migratory birds.11eCFR. 50 CFR 20.134 – Approval of Nontoxic Shot Types and Shot Coatings Steel shot is the most widely available option.12U.S. Fish & Wildlife Service. Nontoxic Shot Regulations for Hunting Waterfowl and Coots in the US Lead ammunition violates federal law regardless of what your permit says.
Only people named on the permit can act under its authority.10eCFR. 50 CFR 21.100 – Depredation Permits If a neighbor or employee needs to help, they must be listed as agents. A federal permit also does not override state or local law. County firearm-discharge rules and municipal noise ordinances still apply.
One condition catches many permit holders by surprise: every migratory bird killed under a depredation permit must be retrieved and turned over to an FWS representative or designee for disposition. The agency typically donates carcasses to charitable institutions as food or disposes of them as provided by law.10eCFR. 50 CFR 21.100 – Depredation Permits You cannot keep, sell, or independently dispose of birds taken under the permit. The permit must also be accessible at the property during control activities; a permit sitting in a filing cabinet doesn’t help when an officer shows up.
Reporting After the Permit Issues
Every permit comes with reporting obligations, and missing them is one of the most common ways people lose future permits. Deadlines depend on the species. For blackbirds, cowbirds, crows, grackles, magpies, and several other species covered by standing depredation orders, annual activity reports are due by January 31 of the following calendar year.13eCFR. 50 CFR Part 21 Subpart D Other authorizations have their own calendars; read the permit conditions.
Reports require the date and location of each take, the number of birds removed, and a description of non-lethal methods used. Under 50 CFR 13.21, failure to submit timely, accurate reports disqualifies you from receiving permits for as long as the deficiency exists.14eCFR. 50 CFR Part 13 – General Permit Procedures Your permit can also be revoked if you violate any federal or state wildlife law, or if you fail to correct deficiencies identified during a suspension within 60 days.15eCFR. 50 CFR 13.28 – Permit Revocation
Eagles and Endangered Species Are a Different Process
If your problem animal is a bald eagle, golden eagle, or any species listed under the Endangered Species Act, the standard depredation process does not apply. These species have separate, far more restrictive permit frameworks, and the penalties for acting without them are severe.
Eagle depredation permits under 50 CFR 22.100 require the FWS Director to determine that eagles have become seriously injurious to wildlife, agriculture, or other interests and that lethal take is the only way to stop the damage. Firearms and traps are allowed; poison and aircraft are prohibited. These permits last no more than 90 days.16eCFR. 50 CFR Part 22 – Eagle Permits The processing fee is $500 with a separate $150 administration fee.17U.S. Fish and Wildlife Service. Federal Fish and Wildlife Permit Application Form – Form 3-200-71
Any lethal activity that might affect a federally listed endangered or threatened species requires an incidental take permit under Section 10 of the Endangered Species Act, which in turn requires a Habitat Conservation Plan showing that incidental take will be minimized and mitigated.18U.S. Fish & Wildlife Service. 3-200-56 Incidental Take Permits Associated with a Habitat Conservation Plan These plans can take months or years. If there’s any chance a listed species is involved, call your local FWS field office before doing anything.
If You’re Denied
Under 50 CFR 13.21, the FWS Director can deny a permit for several reasons:
- Insufficient justification for lethal control, or doubt about the applicant’s responsibility.
- Risk that the requested authorization could threaten the wildlife population.
- Prior civil penalties or criminal convictions involving wildlife law.
- False statements or failure to disclose required material information.
- Unpaid fees, outstanding penalties, or missing reports from prior permits.
Certain offenses trigger automatic disqualification. A felony conviction under the Lacey Act, the MBTA, or the Bald and Golden Eagle Protection Act bars you from receiving a permit unless the Director expressly waives the restriction, and a permit revocation within the previous five years has the same effect.14eCFR. 50 CFR Part 13 – General Permit Procedures
The appeals process has two levels. First, request reconsideration from the issuing officer within 45 calendar days of the denial. The request must be in writing, explain why the decision should be changed, and include any new evidence. The issuing officer has 45 days to respond. If that result is still adverse, file a written appeal to the Regional Director within another 45 days. The Regional Director’s decision is final within the Department of the Interior.19eCFR. 50 CFR 13.29 – Review Procedures
Penalties for Acting Without a Permit
Acting without a permit, or exceeding what your permit authorizes, triggers federal criminal liability. A standard MBTA violation is a misdemeanor punishable by a fine of up to $15,000, imprisonment for up to six months, or both. If the violation involves selling or bartering migratory birds, it becomes a felony carrying up to $2,000 in fines and two years of imprisonment.1Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties Equipment used in the violation, including firearms, traps, and vehicles, may be forfeited.
Eagle violations carry separate penalties on top of any MBTA charges, with fines up to $5,000 and one year in jail for a first offense, doubling to $10,000 and two years for subsequent convictions.20Office of the Law Revision Counsel. 16 USC 668 – Bald and Golden Eagles Endangered species violations are the most serious: a knowing criminal violation carries fines up to $50,000 and up to one year in prison, and civil penalties reach $25,000 per violation.21Office of the Law Revision Counsel. 16 USC 1540 – Penalties and Enforcement A conviction can also permanently disqualify you from holding federal wildlife permits. The exposure almost always exceeds what the wildlife was costing you in the first place.