Federal and state laws prohibit capturing or removing many types of birds and nests without special licensing and permits.
By the early 1900s, birds in North America were in a bad state. The passenger pigeon was on the verge of extinction, and many other native bird populations were crashing due to overhunting and the brisk trade in hat feathers. Recognizing the crisis, Congress passed the Migratory Bird Treaty Act of 1918, which makes it illegal “to pursue, hunt, take, capture, [or] kill” any bird of more than 1,000 species listed in the Act. This federal law protects birds in all fifty states and the U.S. territories without a special waiver.
What does this mean? It means if you capture any bird that’s not an invasive (non-native) species, you’ve probably broken the law, even if you release it immediately. And birds not listed in the federal code might be protected under your state’s laws—every state has laws to protect native species.
Keep in mind the vast majority of birds we find inside stores are invasive—English house sparrows, European starlings, and rock doves (pigeons). And there are some exemptions when birds are inside buildings. However, even if you familiarize yourself with the federal laws, your state may have additional laws. Some states require a license for capturing even invasive birds.
Also, are you able to tell an English sparrow from a finch? There are more than 11,000 species of birds out there. (Source)
Meridian Bird Removal is licensed in all fifty states and every U. S. territory to capture and remove just about any bird species from inside buildings. We know when we can remove nests and when we cannot. Also, we deploy our patented live capture system only when we know the type of birds we’re dealing with—glue traps and poisons should be avoided at all costs since they may inadvertently kill protected species. Finally, we know what to do with birds once we’ve captured them. Are they required to be released immediately? For protected birds, this is almost always the case.
None of this information is intended to frighten you. It’s also definitely not legal advice. When we started Meridian Bird Removal, we were also amazed at the regulations surrounding bird capture. Fortunately, we have a wealth of knowledge from extensive research experience, and Meridian employees who have worked in the field. We also know when interests conflict—for example, when a bird threatens the safety of food in your building (which is why advise trying to chase birds out an open door—this typically doesn’t fall under the meaning of “pursue”). Meridian’s goal is always to help you stay in compliance—with health codes, food safety regulations, and the Migratory Bird Treaty Act.