Why You Need a Federal Permit for Birds
The United States has protected migratory birds since the Migratory Bird Treaty Act (MBTA) of 1918. That law makes it illegal to "take, possess, import, export, transport, sell, purchase, barter, or offer for sale" migratory birds without federal authorization — regardless of what your state law says. The key word is migratory birds, which covers roughly 1,000 species including virtually every songbird, waterfowl species, shorebird, and raptor native to North America. It does not cover non-native species like House Sparrows, European Starlings, and Rock Pigeons.
What this means practically: even if your state issues you a wildlife rehabilitation permit, that permit alone does not legally authorize you to handle a robin, a mallard, or a red-tailed hawk. For birds, you need both your state permit and the federal Migratory Bird Special Purpose Rehabilitation permit (USFWS Form 3-200-10b) issued by the U.S. Fish and Wildlife Service.
⚠ Order Matters
USFWS requires a copy of your current state rehabilitation permit as part of your federal application. You must obtain your state permit first. The federal permit is not a standalone — it's built on top of your state permit, and it's only valid while your state permit is active.
What the Federal Permit Authorizes
The USFWS Migratory Bird Rehabilitation permit authorizes you to:
- Take from the wild (or receive from another person) sick, injured, or orphaned migratory birds and provide rehabilitative care for up to 180 days
- Transport birds to suitable release habitat, to another permitted rehabilitator, or to a veterinarian
- Possess federally protected migratory bird parts, nests, and eggs found incidentally during rehabilitation work
- Receive, stabilize, and transfer (within 48 hours) species not specifically listed on your permit in an emergency
The permit does not authorize using birds for educational display, holding birds for non-rehabilitative purposes, or any commercial use. Birds must be released as soon as they are capable of surviving in the wild; if a bird cannot be released and is not a suitable education animal under a separate permit, euthanasia is typically required.
Federal Permit Requirements
To qualify for a federal migratory bird rehabilitation permit, you must meet all of the following:
- Be at least 18 years of age
- Have a minimum of 100 hours of hands-on rehabilitation experience with each type of migratory bird you intend to rehabilitate — water birds, songbirds, and raptors are each evaluated separately
- The 100 hours must be gained over the course of at least one full year (not compressed into a shorter period)
- Up to 20 of the 100 hours may be fulfilled by participation in migratory bird rehabilitation seminars or training courses
- Have facilities adequate for each species you plan to rehabilitate (photos and diagrams required)
- Hold a valid state rehabilitation permit (if required by your state)
Understanding the 100-Hour Requirement
The 100-hour requirement is per category of bird, not per species. USFWS evaluates three broad categories: songbirds (passerines and other perching birds), water birds (waterfowl, wading birds, shorebirds, seabirds), and raptors (hawks, owls, eagles, falcons). If you want to work with all three categories, you need 100 documented hours in each. Many rehabilitators start with songbirds, which are the most common intake, and add water birds or raptors later as their experience and facilities develop.
The one-year minimum is a calendar requirement, not just an hours requirement. If you log 100 hours in a six-month burst, USFWS will ask you to wait until you've been doing this for a full year before applying. The intent is to ensure you've experienced multiple seasons of wildlife activity and the full range of situations that come with it.
Step-by-Step: How to Apply
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Obtain Your State Permit First
Every state except Hawaii has its own wildlife rehabilitation permit requirement that must be satisfied before USFWS will process your federal application. Find your state's requirements using the state guide directory. Your state permit must be current and valid at the time you apply federally, and it must remain valid for your federal permit to be active.
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Accumulate 100 Hours Per Bird Category
Keep a written log — date, hours, species handled, activities performed, and supervising rehabilitator name and federal permit number. Your supervisor must hold a federal migratory bird rehabilitation permit for the category you're logging hours in. Your log is evidence USFWS will review; make it detailed and have your supervisor confirm entries periodically.
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Photograph and Diagram Your Facilities
USFWS requires photos and diagrams of every enclosure you'll use, with dimensions and materials labeled. The evaluation standard is the NWRA/IWRC Minimum Standards for Wildlife Rehabilitation. For each species category on your application, you need documented appropriate housing: outdoor flight cages for birds requiring flight conditioning, appropriate indoor holding for injured birds in initial recovery, and species-specific features (perches at appropriate heights, nest boxes where relevant, water features for waterfowl). These photos don't need to be professional — clear, well-lit images that show the enclosure size and construction are what matters.
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Apply via USFWS ePermits
USFWS processes migratory bird rehabilitation permit applications through their ePermits system at fws.gov/epermits. Create an account, select "Migratory Bird Special Purpose — Rehabilitation" (Form 3-200-10b), and complete the application. You'll need to upload your state permit, experience documentation, facility photos and diagrams, and pay the $50 nonrefundable application processing fee. The fee applies to new applications; government agencies are exempt.
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Wait for Regional Processing
Your application is routed to the USFWS Regional Migratory Bird Permit Office for your area. Processing times vary by region and time of year — typically 6 to 14 weeks for new applications. The regional office may contact you for additional documentation, facility inspection, or clarification. Responding promptly to any requests will prevent delays. If you haven't heard back after 12 weeks, contact your regional office directly.
USFWS Regional Permit Offices
Your application is processed by the regional office covering your state. Knowing which region you're in helps you contact the right office and understand regional processing patterns.
| USFWS Region | States Covered | Office Location |
|---|---|---|
| Region 1 (Pacific) | CA, OR, WA, ID, NV, HI, Pacific Islands | Portland, OR |
| Region 2 (Southwest) | AZ, NM, OK, TX | Albuquerque, NM |
| Region 3 (Midwest) | IL, IN, IA, MI, MN, MO, OH, WI | Minneapolis, MN |
| Region 4 (Southeast) | AL, AR, FL, GA, KY, LA, MS, NC, SC, TN, VA, PR, USVI | Atlanta, GA |
| Region 5 (Northeast) | CT, DE, ME, MD, MA, NH, NJ, NY, PA, RI, VT, WV, VA* | Hadley, MA |
| Region 6 (Mountain-Prairie) | CO, KS, MT, NE, ND, SD, UT, WY | Denver, CO |
| Region 7 (Alaska) | AK | Anchorage, AK |
*Virginia is split between Regions 4 and 5 depending on county. Confirm your regional assignment at fws.gov.
Permit Duration, Renewal, and Annual Reporting
Federal migratory bird rehabilitation permits are valid for up to five years and must be renewed before expiration. Annual reporting is required — you must submit Form 3-202-4 each year documenting species received, care provided, and release or disposition outcomes. Failure to submit annual reports on time is the most common reason federal permits are not renewed. Set a calendar reminder well before your annual report deadline.
If your physical address changes, you must notify your regional office in writing within 10 days and provide updated photos and diagrams of your new facilities. Your permit is tied to your facility as much as to you personally — a change of address requires a permit amendment.
The Good Samaritan Provision: What the Public Can and Cannot Do
One of the most practically important aspects of federal migratory bird law is the "Good Samaritan" provision (50 CFR 21.31(a)). Under this provision, any member of the public can pick up a sick, injured, or orphaned migratory bird for the sole purpose of immediately transporting it to a permitted rehabilitator or licensed veterinarian. The key limitation: "immediately transport" means just that. You cannot take the bird home and begin caring for it — even with good intentions. The Good Samaritan provision authorizes transport only, not care.
If someone regularly transports birds to your facility, they must be listed as a subpermittee under your federal permit. Volunteers who do occasional drop-offs fall under the Good Samaritan provision; volunteers who routinely transport birds in and out are subpermittees and must be listed on your permit paperwork.
Raptors: Special Considerations
Raptors (hawks, owls, eagles, falcons, and osprey) are covered by the standard migratory bird rehabilitation permit, but they come with additional handling and facility standards. USFWS evaluates raptor facilities against higher thresholds — flight cage length and height requirements for raptors are substantially larger than for songbirds, and the documentation you need to demonstrate raptor-specific experience is more extensive. Eagles (Bald and Golden) have an additional layer of federal protection under the Bald and Golden Eagle Protection Act and require that any injury potentially caused by human activity be reported to USFWS Law Enforcement.
Many rehabilitators begin with songbirds and waterfowl, gain experience, and add raptors to their federal permit once their facility and documentation are ready. Adding a new bird category to your existing permit requires a permit amendment with updated experience documentation and facility photos.
Frequently Asked Questions — Federal Permit
No. A copy of your current, valid state permit is a required component of the federal application. USFWS will not process an application without it. Get your state permit first, then apply federally. The good news: you can begin accumulating your 100 hours of bird experience while working toward your state permit, so the two processes can run in parallel — you just can't formally apply to USFWS until the state permit is in hand.
No. House Sparrows (Passer domesticus), European Starlings (Sturnus vulgaris), and Rock Pigeons (Columba livia) are non-native introduced species not protected under the MBTA. You do not need a federal migratory bird permit to rehabilitate these birds — though your state permit may or may not cover them (check your state's specific authorization). Most rehabilitators accept these birds as a courtesy even though no federal permit is required.
Not under a rehabilitation permit. A bird that cannot be released and cannot survive in the wild must either be transferred to a facility with a federal Education permit, transferred to a falconer (for eligible raptor species), or euthanized. The rehabilitation permit does not authorize permanent possession of non-releasable birds for display or education. If you want to work with education birds, you'll need to apply for a separate federal Special Purpose — Education permit, which has its own requirements and facility standards.
The federal permit authorizes holding migratory birds for up to 180 days. If an animal requires care beyond 180 days — which can happen with complex fractures, neurological injuries, or long-term conditioning needs — you must contact your regional USFWS Migratory Bird Permit Office for an extension authorization before the 180-day period expires. Extensions are granted on a case-by-case basis with supporting veterinary documentation.
No. The $50 fee is explicitly nonrefundable regardless of outcome — whether your application is approved, denied, or abandoned. USFWS describes it as a processing fee, not a permit fee. Government agencies (federal, tribal, state, and local) are exempt from this fee and must provide documentation of exempt status. The fee applies to new applications; renewal applications may have different fee structures — confirm with your regional office.