Import and Export of Migratory Birds

The Migratory Bird Treaty Act (MBTA), which protects more than 1007 species of migratory birds, generally prohibits the import or export of listed species, including live birds; bird parts, nests, or eggs; and products made from them, unless you have been issued a permit.

This prohibition helps prevent the commercial exploitation of migratory birds by banning trade in live birds and such goods as mounted specimens, hats and other apparel adorned with migratory bird feathers, and arts and crafts items decorated with bird feathers and parts.

Permit Requirements

Unless you meet the requirements for an exception, you must obtain a permit from the U.S. Fish and Wildlife Service (Service) before importing or exporting migratory birds listed in 50 CFR 10.13.  These permits are only issued when your possession of the bird, part or product is authorized in the United States.  For instance, you must have a valid migratory bird scientific collecting permit or qualify as an exempt institution under 50 CFR 21.12 (b)(1) in order to obtain a migratory bird import or export permit for scientific specimens.  You must be at least 18 years of age to apply for a permit.  Regulations for migratory bird import/export permits are in 50 CFR 21.21.

To apply for a migratory bird import/export permit, use this application form.

Exceptions

Additional Requirements

• All imported and exported wildlife and wildlife products, including migratory birds, must enter and exit the United States through a designated wildlife port or authorized border port, unless you apply for and obtain a port exception permit. Sport-hunted game birds that you legally kill in Canada or Mexico may be imported through a U.S. Customs port of entry or border crossing.
  
  All imported and exported wildlife must be declared on a Declaration for Importation or Exportation of Fish or Wildlife (form 3-177).
  
  See Information for Importers/Exporters for more information about importing and exporting wildlife.
  
  

• If the species of migratory bird you wish to import or export is also protected under CITES (link to CITES list), the Wild Bird Conservation Act (WBCA), or the U.S. Endangered Species Act (link to ESA list), you may require additional permits.Contact the Service’s Division of Management Authority, Branch of Permits (International Affairs) for information about U.S. or foreign permits you may need under these laws.
  
  If you require a U.S. permit under one of these laws, your MBTA import/export authorization may be included on that permit, where appropriate.
  
  
• Even if the species of bird you propose to import or export is not protected under the MBTA, it may be protected under CITES, WBCA, or the ESA.  For example, many non-native birds are protected under CITES and the WBCA and live birds may only be imported to the U.S. under a WBCA import permit for scientific research, zoological breeding or display, or personal pets. Check with the Service’s Division of Management Authority (International Affairs) if you have questions about importing and exporting nonnative bird, bird parts, or products.   

A Note About Falconry Birds

All raptor species are listed in Appendix I or II of CITES (link to CITES list).  Therefore, all raptors need a CITES pet passport or other CITES documentation to travel in or out of the U.S.  Also, all raptor species and subspecies that are not native to the United States are protected under the WBCA and require WBCA import or reimport permit to enter or reenter the United States.   Finally, the MBTA regulates birds to the species level, not the subspecies level like WBCA.  Therefore, a raptor with both native and non-native subspecies will require import and/or export authorization under both MBTA (link to MBTA list) and WBCA. 

The following scenarios are intended to provide examples of the documentation required under these laws to temporarily import and export falconry raptors, such as for falconry meets: 

1.  A U.S. falconer wishes to export a banded or otherwise permanently marked raptor held under his or her U.S. falconry permit, out of the United States and then return with the raptor to the United States: 

First, the falconer must check with the country to which he or she is traveling to confirm that it will accept a U.S. CITES pet passport.  If the raptor being exported is listed in CITES Appendix I, and the importing country will not accept a U.S. CITES pet passport, he or she will require a CITES import permit from the importing country before the U.S. can issue a U.S. CITES permit.

The falconer must apply for a U.S. CITES pet passport from the U.S. Division of Management Authority (DMA).  The pet passport covers CITES export from the United States (and CITES re-import to the United States if it is an Appendix I raptor).  If the raptor is a subspecies that is not native to the United States, it may also require a WBCA re-import authorization.  These authorizations will be combined on the pet passport. 

2.  A foreign falconer wishes to import his or her banded or otherwise permanently marked raptor into the United States and back out again: 

        All raptors are protected under CITES, so the falconer must obtain from their country’s CITES Management Authority a CITES pet passport or other CITES export document that covers CITES export from that country. If the species is listed under the WBCA, the falconer also needs a U.S. WBCA import permit from the Service’s Division of Management Authority.  If the species is listed under the MBTA, the falconer requires a migratory bird Import/Export permit from the Regional Migratory Bird Permit Office with jurisdiction over the port where he or she will enter the U.S.  If the species is protected under both WBCA and MBTA, all required authorizations can be obtained from the Division of Management Authority.  If the raptor is listed in CITES Appendix I, the falconer additional authorization may be required from the Division of Management Authority.  

To apply for a migratory bird import/export permit, use this application form.

For questions about this page, contact Susan Lawrence at Susan_M_Lawrence@fws.gov.

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Revised September 16, 2009