Killing an owl is illegal in the United States under federal law, and it has been since 1918. Every owl species native to North America is protected by the Migratory Bird Treaty Act, making it a federal crime to kill, capture, possess, sell, or harm these birds without a specific federal permit.
Most people assume wildlife protection laws only cover endangered or rare animals. That assumption is wrong. The Migratory Bird Treaty Act covers hundreds of bird species, including all North American owls, regardless of whether the specific species is endangered.
This article covers the specific federal law, the actual penalty amounts, what the narrow exceptions are, which owl species face the most stringent protections, and what your legal options are if an owl is causing problems on your property.
Is It Illegal to Kill an Owl
Killing an owl is illegal under federal law in the United States. Every owl species native to North America is protected by the Migratory Bird Treaty Act (MBTA), codified at 16 U.S.C. 703-712, which prohibits killing, capturing, collecting, possessing, buying, selling, or trading migratory birds or their parts without federal authorization.
The prohibition is broad. It covers not just killing but any form of “taking,” which the law defines to include hunting, pursuing, wounding, killing, capturing, trapping, caging, collecting, or otherwise harming a protected bird. An owl does not need to be on a threatened or endangered list to receive this protection. The MBTA covers species by treaty designation, not by scarcity.
The law applies to all individuals in the United States, including farmers, homeowners, pest control operators, and businesses. Intent generally matters for the most serious criminal charges, but civil violations under the MBTA can result in penalties even without criminal intent.
Quick Facts: Owl Killing and Federal Law
- Governing federal statute: Migratory Bird Treaty Act, 16 U.S.C. 703-712
- Does it cover all US owl species: Yes, all native North American owls
- Is intent required for criminal charge: For felony charges; not for civil violations
- Does it matter if the owl was a “problem” animal: No; kills without a permit are illegal
- Exceptions requiring a federal permit: Scientific research, falconry, depredation control
- Enforcement agency: US Fish and Wildlife Service (USFWS)
Is It Illegal to Kill Owls
Killing owls is illegal under federal law regardless of the owl species, the reason for killing, or the location. The Migratory Bird Treaty Act covers all owl species native to North America without exception, meaning even the most common owl you might see in your backyard is federally protected.
The list of protected owl species includes the Great Horned Owl, Barred Owl, Screech Owl, Snowy Owl, Burrowing Owl, Long-Eared Owl, Short-Eared Owl, Spotted Owl, Barn Owl, and all other owl species native to the US. Each of these birds is covered under the same federal statute and the same penalty structure.
The broad scope of the MBTA means that even what might seem like minor interactions, such as accidentally disturbing a nest, can create legal exposure. The law does not distinguish between intentional killing and some forms of unintentional harm in its civil penalty provisions. That breadth is why wildlife biologists, farmers, and property owners need to understand what the law covers before taking any action involving owls.
Protected North American Owl Species:
- Great Horned Owl (Bubo virginianus)
- Barred Owl (Strix varia)
- Eastern and Western Screech Owls
- Snowy Owl (Bubo scandiacus)
- Barn Owl (Tyto alba)
- Northern Spotted Owl (Strix occidentalis caurina)
- Burrowing Owl (Athene cunicularia)
- Long-Eared Owl (Asio otus)
- Short-Eared Owl (Asio flammeus)
- Northern Saw-Whet Owl (Aegolius acadicus)
Is Killing an Owl a Federal Offense
Killing an owl is a federal offense under the Migratory Bird Treaty Act, and it can be prosecuted as either a misdemeanor or a felony depending on the circumstances, specifically whether the killing was intentional and whether it was done for commercial purposes.
Under 16 U.S.C. 707, violating the MBTA through non-commercial conduct is a Class B misdemeanor with a maximum sentence of six months in prison and a fine of up to $15,000 per violation. When the killing is done knowingly and for commercial purposes, the offense is elevated to a felony with a maximum sentence of two years in prison and a fine of up to $250,000 for individuals or $500,000 for organizations.
Federal wildlife crimes are prosecuted by the Department of Justice at the request of the US Fish and Wildlife Service. The USFWS’s Law Enforcement division investigates reported violations, and federal prosecutors handle the case. Federal criminal convictions appear on the offender’s permanent criminal record and can affect future employment, licensing, and firearm rights.
Federal Offense Classification for Owl Killing:
| Offense Type | Statute | Maximum Prison | Maximum Fine |
|---|---|---|---|
| Non-commercial MBTA violation | 16 U.S.C. 707(a) | 6 months | $15,000 per violation |
| Commercial/knowing MBTA violation | 16 U.S.C. 707(b) | 2 years | $250,000 (individual) |
| ESA violation (endangered owl) | 16 U.S.C. 1538 | 1 year | $50,000 |
| Civil MBTA penalty | 16 U.S.C. 707(c) | N/A | Up to $5,000 |
Key Takeaway: Killing an owl is a federal offense that can result in up to 6 months in prison and a $15,000 fine for a basic violation, escalating to 2 years and $250,000 for commercial violations. These penalties apply per violation, meaning each owl killed is a separate offense.
Migratory Bird Treaty Act Owl Protection
The Migratory Bird Treaty Act is the primary federal law protecting owls in the United States. Enacted in 1918 and codified at 16 U.S.C. 703-712, the MBTA implements treaty obligations with Canada, Mexico, Japan, and Russia to protect migratory birds that cross international borders during their life cycles.
The law’s core prohibition is found at 16 U.S.C. 703: it is unlawful to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, any migratory bird, any part, nest, or egg of any such bird.
That is an extraordinarily broad prohibition. It covers the bird itself, its eggs, its nests, and its feathers. It covers selling and buying as well as killing. It covers attempting to do any of the above, not just completing the act. The scope of the MBTA is far wider than most people realize, which is why incidental contact with protected birds during otherwise legal activities has been a subject of ongoing legal debate.
What the MBTA Protects:
- The owl itself (alive or dead)
- Owl eggs and nests
- Owl feathers and parts
- Any attempt to kill, capture, or harm
- Commercial sale or purchase of any of the above
- Import or export of protected birds or their parts
Penalty for Killing an Owl
The penalty for killing an owl under the Migratory Bird Treaty Act starts at a fine of up to $15,000 and up to six months in prison for each bird killed without authorization. That is the baseline criminal penalty under 16 U.S.C. 707(a) for a standard non-commercial violation.
Civil penalties under 16 U.S.C. 707(c) are assessed separately from criminal penalties and can reach up to $5,000 per violation. Civil penalties do not require a criminal conviction and can be imposed by the USFWS directly through an administrative process without going through federal court.
Penalties compound quickly because each owl killed represents a separate violation. A person who kills three owls faces up to $45,000 in criminal fines and 18 months in prison under criminal prosecution, plus additional civil penalties. Courts have broad discretion to impose additional conditions such as community service, education programs, restitution to wildlife rehabilitation funds, and supervised probation.
Penalty Escalation by Number of Birds:
| Owls Killed | Max Criminal Fine | Max Prison Time | Civil Penalty Additional |
|---|---|---|---|
| 1 owl | $15,000 | 6 months | Up to $5,000 |
| 2 owls | $30,000 | 12 months | Up to $10,000 |
| 3 owls | $45,000 | 18 months | Up to $15,000 |
| Commercial violation | $250,000 (individual) | 2 years | Up to $5,000 per bird |
| Organization violation | $500,000 | 2 years | Per bird additional |
Fine for Killing an Owl
The fine for killing an owl under the MBTA can reach $15,000 per bird for criminal violations and $5,000 per bird for civil violations imposed through administrative proceedings. These amounts apply to each owl separately, so killing multiple owls multiplies the total fine exposure.
Beyond the federal MBTA fines, many states have their own wildlife protection statutes that add state-level fines on top of federal penalties. California, for example, has the California Endangered Species Act and Fish and Game Code provisions that can add state fines ranging from $1,000 to $25,000 for harming protected birds, depending on the species and circumstances.
Oregon and Washington, which are part of the Northern Spotted Owl’s range, have additional state wildlife protections for that specific threatened subspecies. In those states, killing a Northern Spotted Owl would trigger federal MBTA penalties, potential federal ESA penalties for the threatened subspecies, and state wildlife fines simultaneously, representing total potential liability in the tens of thousands of dollars.
Fine Structure for Owl Violations:
- Federal MBTA criminal fine: Up to $15,000 per bird
- Federal MBTA civil penalty: Up to $5,000 per bird
- Federal ESA fine (threatened/endangered owl): Up to $50,000 per bird
- State wildlife fines (vary): $500 to $25,000 depending on state and species
- Forfeiture of equipment: Firearms, vehicles, traps used in violation may be forfeited
- Restitution: Courts can order payment to wildlife rehabilitation funds
Can You Kill an Owl on Your Property
You cannot legally kill an owl on your property without a federal permit, regardless of whether the owl is causing problems. Owning the property does not exempt you from federal wildlife law, and the MBTA applies on private land just as it does on public land.
This is a point that surprises many property owners. The general assumption is that what happens on your own land is your business. Federal wildlife law does not work that way. The MBTA was specifically designed to apply nationwide, including on private property, because migratory birds cross property lines and international borders throughout their lives.
The only legal path to killing an owl that is causing problems on your property is obtaining a Depredation Permit from the US Fish and Wildlife Service before taking any action. That permit process is covered separately below. Without that permit, any lethal action against an owl on your property, including shooting a Great Horned Owl that has been taking your chickens, is a federal crime.
What Property Owners Can Legally Do Without a Permit:
- Scare owls away using noise, lights, or motion-activated devices
- Use physical barriers like netting over poultry enclosures
- Contact USFWS to report a problem and inquire about permits
- Hire a licensed wildlife control operator who holds appropriate federal authorization
- Contact state wildlife agency for guidance on legal deterrence methods
What Requires a Federal Permit:
- Trapping or capturing owls for relocation
- Any lethal removal, even on private property
Is It Illegal to Kill a Barn Owl
Killing a Barn Owl is illegal under the Migratory Bird Treaty Act. Barn Owls (Tyto alba) are explicitly listed as protected migratory birds, and the same federal prohibition and penalty structure applies to them as to every other protected owl species.
Barn Owls are one of the owl species most commonly associated with agricultural areas, which is why property owners and farmers encounter them frequently. They nest in barns, silos, and other structures, and they are highly effective predators of rodents. Their presence on agricultural property is generally considered beneficial, and USFWS actively promotes their protection for that reason.
Some states provide additional protection for Barn Owls through state endangered or threatened species listings in specific regions. California lists the Barn Owl as a non-game bird with full protection under the California Fish and Game Code. In Florida, where Barn Owls have experienced population declines in some areas, additional state protections apply on top of the federal baseline.
Barn Owl Protection Summary:
- Federal MBTA protection: Yes, full protection applies
- Common agricultural misconception: “Barn owls on my property are mine to deal with” – False
- Typical habitat: Barns, silos, hollow trees, church steeples
- Agricultural benefit: Barn Owls consume significant numbers of rodents annually
- Legal deterrence options: Nest box programs, physical exclusion of specific areas
- Permit for removal: Depredation permit required from USFWS before any lethal action
Is It Illegal to Kill a Barred Owl
Killing a Barred Owl is technically illegal under the MBTA because Barred Owls are protected migratory birds, but this species is a unique and legally significant exception to normal enforcement patterns. The federal government has authorized a limited, permit-based program to kill Barred Owls specifically to protect the threatened Northern Spotted Owl.
The Barred Owl situation is one of the most unusual in federal wildlife law. Barred Owls (Strix varia) are invasive in the Pacific Northwest. They are native to eastern North America but expanded their range westward, largely due to human habitat changes. In the Pacific Northwest, they directly compete with and outcompete the threatened Northern Spotted Owl, which has been federally listed since 1990.
The USFWS authorized a pilot Barred Owl removal program in Oregon, Washington, and California, published in the Federal Register, to test whether removing Barred Owls helps Spotted Owl populations recover. Only USFWS-authorized participants holding specific permits can legally kill Barred Owls under this program. A private citizen who kills a Barred Owl without being part of that authorized program and without a permit is still in violation of the MBTA and subject to the same penalties as killing any other protected owl.
Barred Owl Legal Status:
| Situation | Legal Status | Notes |
|---|---|---|
| Private citizen kills Barred Owl without permit | Illegal | Full MBTA penalties apply |
| USFWS-authorized pilot program participant kills Barred Owl | Legal | Requires specific federal authorization |
| Scientist with USFWS research permit | Legal | Scientific collection permit required |
| Accidental kill during legal activity | Potentially defensible | Must report to USFWS |
Key Takeaway: The Barred Owl is the one species where limited killing is federally authorized, but only for participants in an official government program. A private citizen who kills a Barred Owl on their own initiative still faces full MBTA prosecution.
USFWS Permit to Kill Owls
A USFWS permit to kill owls is called a Depredation Permit, and it is issued under 50 C.F.R. Part 21 when someone can demonstrate that a protected bird is causing serious damage to property or resources and that non-lethal methods have been tried and failed. These permits are not issued routinely and require a documented case.
The application process involves submitting a permit request to the regional US Fish and Wildlife Service office. The application must describe the problem, identify the species causing the problem, detail what non-lethal control methods have been attempted, and explain why those methods have not been effective. The USFWS evaluates the application and may issue a permit authorizing specific lethal control actions under defined conditions.
Depredation Permits have conditions attached. They specify which species may be taken, how many birds may be taken, what methods may be used, and over what time period the permit is valid. Exceeding the permit’s conditions is itself a federal violation. Taking more birds than authorized, using unauthorized methods, or taking species not covered by the permit all result in MBTA liability.
Depredation Permit Process:
- Application submitted to: USFWS regional migratory bird permit office
- Information required: Species, problem description, non-lethal methods tried, property details
- Evaluation criteria: Documented damage, failure of non-lethal methods, necessity of lethal control
- Permit conditions: Species covered, number authorized, methods authorized, time limit
- Violation consequence: Exceeding permit terms is a separate MBTA violation
- Cost: Federal permits have associated fees; specific amounts vary by region and type
State Laws Protecting Owls
State laws protecting owls operate on top of federal MBTA protection and can add additional penalties, cover species not separately addressed at the federal level, or create additional habitat protections. Every state has some form of wildlife protection law that applies to owls.
California provides particularly strong state-level owl protection. The California Fish and Game Code prohibits taking, possessing, or selling all non-game birds, a category that includes all owls not otherwise listed. Additional protection applies to threatened species under the California Endangered Species Act. Violations can result in fines ranging from $1,000 to $25,000 depending on the species and circumstances.
Oregon and Washington have specific protections tied to the Northern Spotted Owl’s threatened status. Texas, while sometimes associated with less restrictive regulations, fully participates in the MBTA framework and adds state wildlife code protections. Florida has additional protections for owls that have experienced localized population declines. In all states, the federal MBTA baseline applies, and state law can only add to it, not reduce it.
State-Level Owl Protection Overview:
| State | State Statute | Additional Protection Level | Notable Species |
|---|---|---|---|
| California | Fish and Game Code 3503, 3503.5 | High; CESA adds state ESA layer | Spotted Owl, Burrowing Owl |
| Oregon | ORS 498.012 | Moderate; Spotted Owl critical habitat | Northern Spotted Owl |
| Washington | RCW 77.15.120 | Moderate; similar to Oregon | Northern Spotted Owl |
| Florida | FWC Rule 68A-4.001 | Moderate; non-game bird protection | Burrowing Owl |
| Texas | Texas Parks and Wildlife Code | MBTA baseline applies | No additional beyond federal |
| New York | ECL Section 11-0513 | Moderate; non-game bird protection | All owl species |
Can You Trap or Relocate Owls Legally
Trapping or relocating owls without federal authorization is illegal under the same MBTA provisions that prohibit killing. “Taking” under the MBTA explicitly includes capturing and trapping, meaning any physical interference with an owl, whether lethal or non-lethal, requires a federal permit.
This surprises many people who assume that if they are not killing the bird, they are not breaking the law. The MBTA does not draw that distinction. Capturing an owl, placing it in a box, and releasing it miles away without a permit is a federal violation subject to the same civil and criminal penalties as killing the bird. The act of “taking” the bird is what the statute prohibits, regardless of intent.
Licensed wildlife rehabilitators are the primary exception. These individuals hold federal and state permits that authorize them to capture, transport, and temporarily possess injured or sick birds for the purpose of rehabilitation and release. If you find an injured owl, the legal course of action is to contact a licensed wildlife rehabilitator or your state wildlife agency, not to capture the bird yourself.
Trapping and Relocation: Legal Framework:
- Trapping without permit: Illegal under 16 U.S.C. 703 (MBTA)
- Relocation without permit: Illegal; “taking” includes capture and transport
- Who can legally trap and transport owls: Licensed wildlife rehabilitators with permits
- What to do with injured owl: Contact licensed rehabilitator or state wildlife agency
- USFWS trapping permits: Available for research and specific control situations with documentation
- Authorized falconers: May have permits allowing limited capture for falconry purposes
Owl Feathers Possession Law
Possessing owl feathers is illegal under the Migratory Bird Treaty Act, regardless of how the feathers were obtained. Finding an owl feather on the ground, collecting it, and keeping it in your home is a federal violation, even if no owl was harmed in the process.
The MBTA’s prohibition extends to all parts, nests, and eggs of protected birds, not just live or dead birds themselves. A feather that falls naturally from an owl is still considered a protected part of a protected bird. The law does not require that the feather came from a bird you harmed. Possession itself is the violation.
The exceptions to feather possession are narrow. Native Americans with tribal enrollment may possess feathers of federally protected birds, including owls, for bona fide religious and cultural ceremonies under the Eagle Feather Law (50 C.F.R. Part 22) and related MBTA exemptions. Licensed researchers and educators with specific federal permits may also possess feathers for scientific and educational purposes. For everyone else, keeping that owl feather you found in the forest is technically a federal crime.
Owl Feather Possession: Legal Status:
| Situation | Legal Status | Applicable Law |
|---|---|---|
| Private citizen keeps owl feather found outdoors | Illegal | 16 U.S.C. 703 (MBTA) |
| Licensed researcher with collection permit | Legal | 50 C.F.R. Part 21 scientific permit |
| Licensed educator with educational permit | Legal | 50 C.F.R. Part 21 educational permit |
| Enrolled tribal member for religious/cultural use | Legal | Eagle Feather Law exemption |
| Wildlife rehabilitator holds feathers during care | Legal | Rehabilitation permit covers temporary possession |
| Museum or institution with scientific collection permit | Legal | Institutional collection permit required |
Frequently Asked Questions
Is it illegal to kill an owl in the United States?
Yes, killing an owl is illegal in the United States under the Migratory Bird Treaty Act (16 U.S.C. 703).
This federal law covers all native North American owl species, not just endangered ones.
Penalties start at up to $15,000 in fines and six months in prison per bird killed without authorization.
The only legal exception is possessing a specific federal Depredation Permit issued by the US Fish and Wildlife Service.
What is the penalty for killing a protected owl?
The federal penalty for killing an owl without authorization is up to $15,000 in fines and six months in prison per bird under 16 U.S.C. 707(a).
Commercial violations carry up to $250,000 in fines and two years in prison.
Civil penalties of up to $5,000 per bird can be assessed separately from any criminal prosecution.
State wildlife fines may be added on top of federal penalties, potentially reaching tens of thousands of dollars total.
Can you legally kill an owl that is attacking your chickens or property?
No, you cannot legally kill an owl attacking your chickens or causing property damage without first obtaining a Depredation Permit from the US Fish and Wildlife Service.
The permit requires demonstrating that non-lethal methods have been tried and failed, and that the owl is causing documented damage.
In the meantime, legal options include enclosing poultry in secure structures, using motion-activated deterrents, and contacting USFWS for guidance.
Killing the owl without the permit, even in defense of your property, violates the MBTA.
Is it legal to possess owl feathers found on the ground?
No, possessing owl feathers is illegal under the Migratory Bird Treaty Act regardless of how they were obtained, including finding them naturally outdoors.
The MBTA covers all parts of protected birds, including feathers, eggs, and nests.
Exceptions exist only for enrolled tribal members using feathers for religious ceremonies, and for licensed researchers, educators, and rehabilitators with specific federal permits.
For everyone else, keeping a found owl feather is technically a federal violation.
What should you do if you accidentally killed an owl?
If you accidentally killed an owl, you should report the incident to the US Fish and Wildlife Service or your state wildlife agency as soon as possible.
Do not attempt to hide the bird or dispose of it improperly; possession of a dead protected bird without authorization is itself a separate violation.
Accidental kills in the course of otherwise legal activity may be treated differently than intentional killing, but only USFWS can make that determination.
Contacting a wildlife attorney or the USFWS directly and being cooperative and transparent about what happened is the most legally sound response.
Owl protection under federal law is not a minor regulatory matter. The Migratory Bird Treaty Act has been enforced for over a century, and prosecutions for owl killings do occur, particularly when the killing is intentional or repeated.
Bookmark this page as your reference for federal wildlife law and share it with any property owner or farmer who thinks they have more latitude with wildlife on their land than the law actually allows. The rules here apply in 2026 exactly as described.
