Depredation Permit
US Fish & Wildlife Service | 3-200-13: Migratory Bird – Depredation
A federal depredation permit authorizes you to capture or kill birds to help reduce damage to agricultural crops/livestock, private property, human health & safety (including airports), and protected wildlife. A depredation permit is intended to provide short-term relief for bird damage until long-term nonlethal measures can be implemented to eliminate or significantly reduce the problem.
What is depredation?
Depredation is damage or loss caused by birds. Depredation includes agricultural damage, private property damage, threats to human health and safety, and threats to recovery of protected wildlife.
Who Needs It
The entity who is:
experiencing the damage,
responsible for compliance with the permit, and
has authority to implement nonlethal measures should apply for the permit.
Applicants are most commonly the landowner, occasionally a land manager or resource manager. Private landowners, managers of public lands, State, Tribal, and local governments, and other entities, such as homeowners associations, with legal jurisdiction for the property involved may apply for depredation permits. Pest control and other contractors may assist permittees in completing an application as well as conducting the work as a sub-permittee, but may not apply for the depredation permit.
You should apply for a depredation permit only after deterrents such as hazing and habitat modification prove unsuccessful. If a permit is issued, you will be expected to continue nonlethal measures in conjunction with any killing or trapping authorized.
Depredation Orders and Control Orders authorize the take of migratory birds without a permit in certain circumstances. The regulations governing Depredation and Control Orders are located at 50 CFR 21.43-21.55 Subpart D of the eCFR. The regulations outline the purpose of take, who can take, and the species, method, location, and other restrictions on take. Annual reports are required for most Orders using form 3-2436.
What is covered by this permit?
A permit is required to destroy an active bird nest (one with eggs or chicks present).
What is not covered by this permit?
You do not need a federal depredation permit to simply harass or scare birds (except eagles and federally listed threatened or endangered species).
A permit is not needed to destroy inactive bird nests, provided the nest is destroyed and not kept. An inactive bird nest is one without eggs or chicks present. The Nest Destruction Migratory Bird Permit Memorandum (MBPM-2; April 15, 2003) provides additional guidance on nest destruction.
A different permit is required to disturb or destroy nests of Bald Eagles or Golden Eagles and birds listed as federally threatened or endangered.
Nonlethal Measures
Nonlethal measures are methods that prevent or minimize bird damage without take (take includes purposefully killing or trapping birds). Methods include harassment (e.g., loud noises, pyrotechnics, propane cannons, scarecrows, dogs, trained raptors), habitat management (e.g., grass management, vegetative barriers, fencing and netting), cultural practices (e.g., seasonal timing, landscape placement), and policies (e.g., no feeding policies). Wildlife Services, part of the USDA, can provide information and expertise about preventing depredation and nonlethal methods.
Form 37
Wildlife Services is part of the U.S. Department of Agriculture (USDA) and provides expertise to help resolve wildlife conflicts. They can assess your particular situation and provide recommendations of short-term measures to provide relief from bird damage and long-term measures to help eliminate or significantly reduce the problem. Wildlife Services also provides a “Form 37 Permit Review Form”. This form is required as part of your Depredation Permit application. You must call Wildlife Services (866-487-3297) to obtain a Form 37.
Process
Submit an Application
To submit an application online or through the mail, follow the instructions on our ePermits site.
Need to submit your annual report?
Download form 3-202-9 to mail in.
Application Fees
Application Fee - $100
Amendment Fee - $50
Application fee is non-refundable.
Federal, Tribal, State, and local government agencies, and those acting on the behalf of such agencies, are exempt from the processing fee (documentation may be required).
Audience
Animal Owner/Pet Owner
Breeder
Business Owner/Commercial Business
Falconer
Farmer/Rancher
Farmer/Rancher
Government or Government Representative - Local Government
Government or Government Representative - State Government
Landowner - Commercial
Landowner - Individual
Private Land Owners/Managers
Public Land Manager
Activity
Eligibility
City or Township Governments
County Governments
For-profit Organizations Other Than Small Businesses
Higher Education Institutions - Private
Higher Education Institutions - Public and State Controlled
Independent School Districts
Individuals
Native American Tribal Governments - Federally Recognized
Native American Tribal Organizations - Not Federally Recognized Tribal Governments
Nonprofits with 501(c)(3) Status - Not Higher Education Institutions
Nonprofits without 501(c)(3) Status - Not Higher Education Institutions
Public Housing Authorities/Indian Housing Authorities
Small Businesses
Special District Governments
State Governments
ePermit ID
3-200-13
Country(ies)
United States
The Process From APHIS:
The U.S. Fish and Wildlife Service issues Federal Migratory Bird Depredation Permits to individuals and entities for lethal take of Migratory Birds when conditions warrant. This take can include any migratory birds except for eagles and threatened and endangered species. These permits designate the species, methods, and the number of birds that may be taken, and are only valid for the individuals named on the permits, permit locations, and dates of the permit. Applicants who apply for a Migratory Bird Depredation Permit must apply to the U.S. Fish and Wildlife Service Regional Office. The application process involves the following steps:
Step 1. Contact USDA Wildlife Services for technical assistance.
Step 2. If a permit is justified, a USDA biologist will issue a WS Form 37 to the requestor.
Step 3. The requestor must submit a permit application to the U.S. Fish and Wildlife Service including the form 37 and a permit application fee.
WS Form 37 and USDA’s Role in the Permit Process
Although the USDA Wildlife Services Program is not a regulatory program, we have a role in some regulatory processes. Wildlife Services biologists conduct damage evaluations to provide information to the U.S. Fish and Wildlife Service and the state wildlife agency as part of their permit processes. WS provides technical assistance to callers with migratory bird conflicts. In some cases, lethal take may be required to resolve these issues or reinforce the effectiveness of non-lethal dispersal. In such cases, WS biologists complete an evaluation form (Form 37) that describes the incident and documents our recommendations for management options. When lethal take is recommended, those forms are forwarded by the applicant with applications and application fee for Federal Migratory Bird Depredation Permits.
As the Federal regulatory wildlife agency, the U.S. Fish and Wildlife Service (USFWS) located within the Department of the Interior, issues permits under various wildlife laws and treaties, including the Migratory Bird Treaty Act. Wildlife Services (WS), located within the Department of Agriculture (USDA), is a non-regulatory program with a mission to provide Federal leadership and expertise to resolve wildlife conflicts allowing people and wildlife to coexist.
WS will assist in making your request for a Migratory Bird Depredation Permit (Permit) when migratory birds cause site-specific damage. You -- the applicant -- submits the completed application to the appropriate USFWS regional office.
When conditions warrant, the USFWS can issue an individual or group the needed Permit to address damage caused by migratory birds by capturing or lethally removing the birds. This take can include any migratory birds -- except for eagles and threatened and endangered species. You should use non-lethal methods prior to applying for a Permit and continue using non-lethal management in conjunction with the lethal methods allowed on the permit.
A Permit designates the species, methods, and the number of birds that may be taken, and are only valid for the individuals named on the permits, and the permit locations and dates.
The Permit and application process involves the following steps:
Step 1. Contact USDA WS for technical assistance, which includes a review of the site’s situation and suggestions for nonlethal methods to address the damage problem. These methods, such as habitat management and dispersal, must be tried or deemed likely to be ineffective.
Step 2. If a Permit is justified, a USDA WS biologist will complete a WS Form 37, which documents the damage caused by the birds. (See below for more Form 37 information.)
Step 3. The individual or group must submit the Permit application to the USFWS, including the WS Form 37 and a Permit application fee. Some states may have slightly different or additional requirements; your USDA WS biologist can provide guidance on such issues.
Step 4. Once received, be sure to review your Permit. Make note of the effective and expiration dates, number of wildlife allowed to be taken, approved disposal methods, approved subpermitees (if any), reporting requirements etc.
Step 5. Keep track of any take. You will need to report your take and disposition of the carcass at the expiration of the permit.
Permits must be renewed annually. USFWS will send you a renewal packet and you will need to re-submit an application to the USFWS. The application will require previous take, nonlethal efforts undertaken, a newly completed WS Form 37 and your permit application fee.
WS Form 37 and USDA’s Role in the Permit Process
Although the USDA WS program is not a regulatory program, we have a role in some regulatory processes. WS biologists conduct damage evaluations to provide information to the USFWS and state wildlife agencies as part of their permit processes. WS provides technical assistance, or information and guidance, to callers with migratory bird conflicts. Lethal take may be required to resolve these issues or reinforce the effectiveness of non-lethal dispersal. In such cases, WS biologists complete an evaluation form (WS Form 37) that describes the incident and documents our recommendations for management options. When lethal take is recommended, the individual or group experiencing problems will submit the Form 37 with the application and application fee to the USFWS and state agencies.
Needed for renewal of a USFWS depredation permit:
WS Form 37 USFWS MIGRATORY BIRD PERMIT APPLICATION OR REVIEW
FWS Form 3-200-13 FEDERAL FISH AND WILDLIFE PERMIT APPLICATION FORM Migratory Bird Depredation
FWS Form 3-202-9 MIGRATORY BIRD DEPREDATION - ANNUAL REPORT
To Submit Online:
Step 1: Download the digital form (Section E) and save to your device.
Step 2: Complete the form and save (upload as an attachment in Step 3)
Step 3: Start Application Online:
START APPLICATION ONLINE
For mail-in submission: Download a complete blank application form which must be completed on paper and submitted by mail.
Need to submit your annual report? Download form to mail in.