Birds can create serious problems for commercial facilities, agricultural operations, and property owners.
From starlings roosting inside warehouses to black vultures threatening livestock, bird activity can lead to property damage, sanitation concerns, and operational disruptions.
But before implementing a control program, bird control professionals need to understand an important question:
Are you legally authorized to control the birds causing the problem?
The U.S. Fish and Wildlife Service (USFWS) has published important migratory bird permit guidance in 2025 and 2026. These updates clarify how certain activities involving bird nests, depredation, and livestock protection are handled.
For PMPs and bird control professionals, understanding these requirements can help prevent costly mistakes and ensure control programs are conducted legally.
Here are three important developments professionals should understand.
The Migratory Bird Treaty Act (MBTA) protects many native migratory bird species.
Under federal law, certain activities involving protected birds, including capturing or killing them, may require authorization.
This becomes particularly important when birds are causing damage to property, livestock, agricultural operations, or creating health and safety concerns.
The USFWS issues migratory bird depredation permits when the circumstances justify authorized control.
These permits may specify:
A permit is not a blanket authorization to control every bird causing a problem.
Why this matters for PMPs
A bird control professional should not assume that a customer experiencing bird damage automatically qualifies for lethal control.
Before recommending trapping or lethal removal, professionals should identify the species, document the damage, evaluate nonlethal options, and determine whether federal or state authorization is required.
The goal is to resolve the bird problem without creating additional legal or operational risks.
In January 2025, the USFWS published guidance clarifying how the Migratory Bird Treaty Act applies to bird nests and their contents.
This is especially important for professionals working around commercial buildings, warehouses, agricultural facilities, and other structures where birds may establish nesting sites.
One of the biggest misconceptions in bird control is that removing a nest is always permitted if the birds are causing a problem.
That is not necessarily the case.
The legal implications depend on whether the nest is active, whether protected birds or eggs are involved, and whether the proposed activity could result in unauthorized harm.
An inactive nest is generally easier to address than an active nest containing eggs or young birds.
However, professionals should not assume that every inactive nest can automatically be removed or possessed without restrictions.
The USFWS explains that destroying a nest alone may not violate the MBTA when no birds or eggs are taken and possession does not occur. However, activities that result in the unauthorized taking of protected birds or eggs can still violate the law.
The agency also emphasizes that permits for active nest removal are limited and generally reserved for specific circumstances involving serious health, safety, or other qualifying concerns.
Before removing a nest:
When possible, plan exclusion work before nesting begins or after the nest becomes inactive.
This is particularly important when installing bird netting, closing building openings, or modifying structures where birds are already nesting.
The takeaway: A bird problem does not automatically make an active nest eligible for removal.
Black vultures can create serious challenges for livestock producers, particularly during calving and lambing seasons.
They may attack vulnerable newborn animals, creating financial losses and animal welfare concerns.
In February 2026, the USFWS published a Black Vulture Livestock Protection Permitting Framework.
The framework provides guidance for issuing depredation permits to public entities that may authorize qualified individuals or organizations to participate in livestock protection activities through subpermits.
This builds on an earlier program that allowed certain public entities, including Farm Bureau organizations, to hold statewide permits and authorize eligible livestock producers to participate.
The framework is important because it provides a structured approach to addressing black vulture conflicts while maintaining federal oversight.
However, it does not mean every rancher or bird control company can automatically remove black vultures.
The framework establishes procedures for public entities holding permits and managing authorized subpermittees.
Permit holders remain responsible for ensuring that authorized activities comply with applicable conditions, including approved methods, reporting, and oversight.
For bird control companies working with livestock producers:
Professionals should also understand that other federal and state requirements may apply.
The takeaway: Black vulture protection programs create additional opportunities for eligible livestock producers, but authorization and permit conditions still matter.
Another important development took effect December 31, 2024, when the USFWS revised its authorization for removing migratory birds from the interiors of buildings.
This is particularly relevant to bird control professionals working in warehouses, commercial facilities, and other occupied structures.
Under the authorization, certain migratory birds may be humanely removed from the interior of residences, businesses, and similar occupied buildings without an individual federal permit when the specified conditions are met.
The authorization applies when birds interfere with normal use of the building, create health or safety risks, damage property, or risk injury because they are trapped.
However, this authorization does not cover birds or nests on the exterior of buildings.
For example, a bird trapped inside a warehouse may fall within the authorization's scope, while a protected bird nesting beneath exterior roof eaves may require a different legal assessment.
The authorization also includes important conditions:
This is an important distinction for professionals conducting interior bird removal.
The authorization provides flexibility for qualifying interior situations, but it does not eliminate the need to identify species, follow humane handling requirements, or comply with other applicable laws.
Regulatory compliance should be part of the initial inspection, not something addressed after control work begins.
Before implementing a bird control program, professionals should evaluate the following:
Species identification
Determine which birds are present and whether they are federally or state protected.
Damage documentation
Record the location, extent, and type of damage. Photographs, inspection notes, and customer reports can help establish the nature of the problem.
Nest inspection
Check for active nests, eggs, and young birds before performing exclusion or removal work.
Control method selection
Evaluate nonlethal methods such as exclusion, habitat modification, and approved dispersal techniques.
Permit verification
Determine whether the proposed activity requires federal, state, or local authorization.
Customer communication
Explain what work can be performed, what restrictions may apply, and whether additional authorization is necessary.
Documentation
Maintain records of inspections, recommendations, permits, and control activities.
These steps can help professionals develop more effective programs while reducing the risk of unauthorized bird control.
Bird control professionals face more than the challenge of identifying where birds are roosting, feeding, or nesting.
They also need to understand the regulations governing the species and the control methods they recommend.
The 2025 migratory bird nest guidance, 2026 black vulture permitting framework, and existing depredation permit requirements highlight the importance of understanding federal wildlife regulations.
For PMPs, the most important lesson is simple:
Identify the bird, understand the damage, evaluate the control method, and confirm authorization before proceeding.
A successful bird control program should protect the customer's property while respecting wildlife regulations and maintaining professional standards.
Staying informed about these requirements helps bird control professionals make better decisions, communicate more effectively with customers, and avoid unnecessary compliance problems.