Migratory bird depredation permits in Montana, explained

What does depredation mean?

The Fish and Wildlife Service defines depredation as damage or loss caused by birds, and includes agricultural damage, private property damage, threats to human health and safety, and threats to the recovery of protected wildlife. The word matters because the Service draws a line between damage and annoyance. Its page on swallows states that the Service does not issue permits for bird nuisance issues, and that nest or bird removal applications must be justified with strong, compelling reasons such as a health or safety hazard or damage to property.

Which birds are covered is the subject of our guide to Montana bird nest removal law. The short version from the Service is that almost all native birds are protected, while European starlings, feral rock pigeons and house sparrows are not protected under the federal Act. Montana FWP also describes pigeons as not protected in Montana and starlings as not protected by federal or state law.

What can you do without any permit?

More than most people assume. The Service says you do not need a federal depredation permit to simply harass or scare birds, with the exception of eagles and federally listed threatened or endangered species. It also says a permit is not needed to destroy an inactive nest, meaning one without eggs or chicks, provided the nest is destroyed and not kept. A permit is required for an active nest.

Physical exclusion on your own building, done when no active nest is behind it, involves no take of birds at all. The Service's own list of nonlethal measures includes fencing and netting, habitat management, harassment, and no-feeding policies. Our bird netting and exclusion page describes that work.

What is a federal depredation permit?

According to the Service, it is the permit an individual or business needs to capture or kill migratory birds that are causing damage or posing threats to livestock, private property, human health and safety, or protected wildlife. The Service describes its purpose narrowly: to provide short-term relief until long-term, nonlethal measures can be put in place to eliminate or significantly reduce the problem.

A permit is specific. The Service says it lists the species and numbers of birds that may be taken and the methods that may be used. It is valid for up to one year, requires records to be kept, and requires an annual report even if no birds were taken. Renewal has to be requested at least 30 days before it expires. There is an application fee, which we do not list here because fees change.

Why is non-lethal exclusion expected first?

Because the Service makes it a condition. Its permit page says an applicant must have documentation of attempts to apply nonlethal measures before applying, and that a permit holder is expected to continue nonlethal measures alongside anything the permit authorizes. Its FAQ says that capture or killing of birds cannot be the primary method of addressing depredation and will only be authorized in conjunction with ongoing nonlethal measures. The application asks for proof, such as copies of receipts, invoices and contracts.

Montana FWP says the same about woodpeckers: before a permit will be issued, it must be shown that other methods of exclusion or deterrence were attempted first. So even an owner who expects to need a permit starts with the same steps as everyone else, and keeps the paperwork. Our guide to whether scare devices work covers the evidence on those.

Who applies, and how does the process work?

The Service says the applicant should be the entity that is experiencing the damage, is responsible for complying with the permit, and has authority to carry out nonlethal measures. That is most commonly the landowner, and can be a land manager, a government body or a homeowners association. Pest control companies and other contractors may help complete an application and may work as subpermittees, but may not apply for the permit themselves.

USDA describes three steps. First, contact USDA Wildlife Services for technical assistance. Second, if a permit is justified, a USDA biologist issues a Wildlife Services permit review form, known as Form 37, which describes the incident and records USDA's recommendations. Third, the owner submits the application, the Form 37 and the fee to the Fish and Wildlife Service. The Service says the application also needs a table of the species and numbers requested, documentation of the nonlethal measures taken, and supporting material such as photos of the damage. Applications go to the Service's regional migratory bird permit office for the state where the activity would take place.

What is a depredation order?

The Service explains that depredation orders and control orders allow the take of specific species for specific purposes without an individual depredation permit. Its FAQ lists one that applies in all states and covers blackbirds, cowbirds, grackles, crows and magpies when they are damaging ornamental or shade trees, agricultural crops, livestock or wildlife, or are concentrated in such numbers and manner that they are a health hazard or other nuisance. FWP's magpie page quotes the same provision while stressing that magpies are protected birds and that their eggs and young cannot be destroyed.

An order is not a blanket exemption. The Service tells readers to read an order very closely before relying on it, because each has very specific restrictions and conditions, and says take under an order must still be reported. The FAQ we read is marked as revised in February 2023, so check the Service's current pages. The FAQ also lists several orders for resident Canada geese, some of them implemented through states and tribes. See our guide to magpies, crows and ravens.

What is the role of USDA Wildlife Services in Montana?

USDA describes Wildlife Services as a program that is not regulatory but supports the regulatory process. Its biologists evaluate damage for the Fish and Wildlife Service and state wildlife agencies and give technical help to people with migratory bird conflicts. The Service's FAQ says Wildlife Services can assess a situation and recommend both short-term relief and long-term measures.

USDA says its national line, 866-4USDA-WS, routes callers to their state office. For Montana, USDA gives the state office as PO Box 1938, Billings, MT 59103, phone (406) 657-6464, and FWP's magpie page lists the same number. In October 2024 Wildlife Services also issued a decision on an environmental assessment titled Bird Damage Management in Montana, describing an integrated approach using a variety of methods.

Where does Montana FWP fit in?

FWP is the state wildlife agency and publishes Living with Wildlife pages for Montana property owners on pigeons, starlings, magpies, woodpeckers and turkeys, among others. For protected migratory birds its pages point to the Fish and Wildlife Service for permits and to USDA Wildlife Services for help. The Service notes that upland game birds such as grouse, turkey and quail are not covered by the federal Act, which leaves them to the state. Our wild turkeys in yards guide covers that case.

The Service also notes that some states require a state permit in addition to the federal one, and that local ordinances, such as those on discharging firearms, still apply. We did not find an FWP page that settles the state-permit question for every species, so ask FWP directly before relying on a federal permit or order alone.

What about eagles and other specially protected birds?

They are outside this process. The Service says a depredation permit cannot be used for bald or golden eagles, which have additional protection under the Bald and Golden Eagle Protection Act and a separate permit application. For eagles, even disturbance and harassment fall under that separate process, and eagle nests are protected at all times, occupied or not. Birds listed as federally threatened or endangered are also handled separately. See osprey and eagle nest rules.

For most building problems none of this is ever needed, because closing the access solves it. That is what our bird mitigation service does, and the Montana Bird Control Guide has the species guides. If your situation does call for a permit, your first call is to USDA Wildlife Services, and we can still handle the exclusion work the agencies will expect to see.

Call HJ Property Care & Tree Service at (406) 215-7319 or request a bird assessment and we will identify the species, the access points, and what will actually stop them.

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