Red-tailed hawks are large, soaring hawks that are common across much of North America. They are easily identified by their brownish upperparts and their namesake red tails. Red-tailed hawks are important predators that help control populations of small mammals and other wildlife. However, like all native birds in the United States, red-tailed hawks are protected under federal and state laws. This article will examine whether red-tailed hawks are specifically protected under Georgia state law.
Are hawks protected under federal law?
Yes, all hawks native to the United States, including red-tailed hawks, are protected under the Migratory Bird Treaty Act of 1918. This federal law makes it illegal to harm, harass, or kill hawks or possess any parts of hawks including their feathers, eggs, or nests. The Migratory Bird Treaty Act protects over 1000 species of birds native to the United States. It was enacted to implement treaties that the U.S. entered into with Canada, Mexico, Japan, and Russia to protect birds that migrate across international borders. The law applies to all hawks, even those that do not actually migrate significant distances such as some red-tailed hawk populations. The Migratory Bird Treaty Act is enforced by the U.S. Fish and Wildlife Service, and violating it can result in fines up to $15,000 and even jail time for repeat offenses. So this federal law provides strict protections for red-tailed hawks nationwide.
Are red-tailed hawks protected under Georgia state law?
Yes, red-tailed hawks are protected under Georgia state law. Georgia has adopted the Migratory Bird Treaty Act into its state wildlife laws. So it is also illegal under Georgia state law to harm, harass, or kill red-tailed hawks or possess their parts. Georgia’s wildlife regulations state that red-tailed hawks may not be taken from the wild or possessed at any time. The only exceptions are for licensed falconers who have special permits to capture certain hawks for use in falconry. The Georgia Department of Natural Resources enforces these rules through its law enforcement rangers. Violations can result in fines up to $5000 and even jail time depending on the circumstances. So Georgia provides red-tailed hawks the same strict protections as federal law. No person or organization may harm a red-tailed hawk without potentially facing criminal charges.
Table of state and federal wildlife laws protecting red-tailed hawks
Law | Protections provided |
---|---|
Migratory Bird Treaty Act | Makes it illegal to harm, harass, or kill hawks or possess their parts anywhere in the U.S. |
Georgia wildlife regulations | Adopts Migratory Bird Treaty Act into state law, making it illegal to harm, harass, or kill hawks in Georgia |
This table summarizes the state and federal laws that protect red-tailed hawks from harm and persecution. Both the national Migratory Bird Treaty Act and Georgia state wildlife regulations make it illegal for any unauthorized person to kill or even harass a red-tailed hawk.
Why are red-tailed hawks and other birds protected under the law?
There are several important reasons why red-tailed hawks and other migratory birds are protected under both federal and state laws in the U.S.:
– Conservation – Many birds suffered severe population declines in the late 19th and early 20th centuries due to overhunting, habitat loss, and the feather trade. Strict protections help conserve hawk populations.
– Pest control – Hawks are important natural predators that help control rodents and other animals that can damage crops or spread disease. Protecting hawks helps maintain natural pest control.
– Ecosystem balance – As predators, hawks help maintain healthy ecosystems by regulating prey species and removing sick or weak individuals. Losing top predators can damage ecosystems.
– Recreation – Birdwatching related to hawks and other raptors provides billions in economic value. Protecting birds enables continued recreational opportunities.
– Public interest – Polls show strong public support for protecting migratory birds and their habitats for current and future generations.
So in summary, we protect hawks and other migratory birds to maintain healthy wild populations, conserve ecosystems, support recreation and tourism opportunities, and because the public demands it. Hawks have inherent value as wildlife and provide many ecological and economic benefits.
Can you obtain a permit or license to take red-tailed hawks in Georgia?
There are very few circumstances in which a person could legally take a red-tailed hawk from the wild in Georgia. They include:
– Scientific collection – Scientists and researchers may be able to get special federal and state permits to capture hawks for legitimate research purposes. This is tightly regulated and only done for specific studies.
– Native American tribes – Some tribes have limited rights to wild raptors for traditional cultural practices. Permits are required and restrictions apply.
– Falconry – With special falconry hunting licenses and permits, an extremely small number of people can legally trap certain hawks like red-tails for training and use in falconry. This is regulated at federal and state levels.
So commercial use, killing hawks for taxidermy, or taking them as pets are not allowed. And even licensed falconers face many restrictions on when, where and how they can capture a limited number of red-tailed hawks and other species each year. The only legal way an average person could possess a red-tailed hawk is if they find an injured bird and turn it over to a permitted wildlife rehabilitator. Otherwise, nearly every instance of capturing or harming a red-tail would be breaking federal and state wildlife laws.
Can you legally own a taxidermy red-tailed hawk or hawk parts?
That depends on when and where the hawk specimens were obtained:
– Pre-1940 – Red-tailed hawk taxidermy or parts obtained before 1940 and handed down are generally legal to possess under the Migratory Bird Treaty Act.
– Native American – Native Americans may legally possess certain feathers and parts of federally protected birds obtained through tribal rights.
– Outside U.S. – Importing a taxidermy hawk or parts from another country may be legal if properly declared and permitted by U.S. Customs.
– Game farm – Red-tailed hawks bred in captivity on licensed game farms can be used for taxidermy. Proper paperwork is critical.
– Illegal – Any red-tail taxidermy or parts obtained illegally, even decades ago, remain illegal contraband.
So in summary, red-tailed hawk taxidermy or feather artifacts dating before 1940 are usually legal. But more recent hawk parts or taxidermy would likely be illegal contraband unless exceptions like tribal rights or licensed game farms are documented. It is safest not to purchase, sell or possess any red-tailed hawk parts without clear evidence they were legally obtained.
Can you legally kill a red-tailed hawk in Georgia?
No, it is almost always illegal for any unauthorized person to kill a red-tailed hawk in Georgia or anywhere in the United States. As explained earlier, red-tailed hawks are protected under both federal and state wildlife laws. These laws make it illegal to kill, harm, harass or even possess any parts of red-tailed hawks without special permits. There are virtually no situations where an average person could legally kill a red-tail in Georgia or most other states. Even shooting one in defense of livestock or pets would be illegal without a permit. The only legal way to kill a red-tailed hawk would be under an extremely rare scientific collection permit for legitimate research purposes. So there is essentially no situation where it would be legal for someone to intentionally kill a red-tailed hawk unless they are a permitted researcher or tribal member exercising protected rights. Trying to kill a hawk near homes or livestock would almost certainly violate both federal and state wildlife laws.
Can you legally destroy a red-tailed hawk nest in Georgia?
Generally no, red-tailed hawk nests are protected just like the birds themselves under Georgia law. Red-tailed hawks are protected in Georgia not only from direct harm, but also from harassment and disturbance. Since red-tailed hawks return to the same nesting sites each year, destroying or removing an occupied nest would disturb the hawks’ nesting behavior. So under Georgia law, it would be illegal for non-permitted individuals to destroy or interfere with an active red-tailed hawk nest on public or private property. The only situation where a property owner might be allowed to remove a red-tail nest is if they get a permit from federal and state wildlife agencies document it is directly threatening human safety. Even unoccupied red-tail nests are typically protected. So in nearly all cases, it would be illegal to knowingly remove or destroy a red-tailed hawk nest without authorization from wildlife officials.
When can you legally kill a hawk or destroy their nest in Georgia?
There are almost no situations where an average person could legally kill a red-tailed hawk or destroy their nest in Georgia:
– No livestock defense – Shooting hawks to protect chickens, pets, etc. is illegal without a permit.
– No accidentally – Accidentally killing a hawk, even by vehicle strike, must be reported.
– No taxidermy – Killing a hawk for taxidermy or feathers is prohibited by federal law.
– No nest removal – Disturbing nests is illegal under Georgia’s harassment protections.
– No danger defense – Killing a hawk acting territorial or aggressive toward humans is still illegal.
The only legal hawk kills are:
– Scientific collection – By federal and state-permitted researchers complying with all restrictions.
– Tribal rights – For certain Native American religious practices by permitted tribal members.
– Falconry – By properly licensed falconers taking specific hawks on legal terms.
So unless explicitly authorized through highly regulated state and federal permits, there are virtually no legal situations where an average person can kill a red-tailed hawk or destroy their nests in Georgia. All hawks are protected year-round.
Can you legally shoot a hawk harassing your chickens or pets in Georgia?
No, shooting a red-tailed hawk or other raptor to protect chickens, pets, or other livestock is illegal in Georgia without the proper permits. Red-tailed hawks are federally protected under the Migratory Bird Treaty Act and state protected under Georgia regulations that make it illegal to kill or “take” the birds. There is no blanket exception allowing people to kill hawks that threaten domestic animals. However, Georgia does have a process that allows property owners to apply for special permits if a specific bird is causing significant problems. The Georgia DNR states: “In limited situations, permission may be granted to use non-lethal and lethal control measures to deal with problem birds.” Lethal control is only used as an absolute last resort if no other deterrence works and the hawk presents a real risk to human health or the economy. So in summary:
1. It is illegal to shoot red-tailed hawks without a permit.
2. If a specific hawk is determined to be a real threat, first try non-lethal control like deterrents.
3. If non-lethal methods fail, apply for a Georgia DNR permit for lethal control.
But in nearly all cases, shooting a hawk causing conflicts with pets or chickens is illegal without going through the proper channels and getting special authorization. There are no exceptions allowing unregulated killing of problem wildlife.
Conclusion
Red-tailed hawks are federally and state protected across the United States, including in Georgia. It is illegal under both federal and Georgia state law to harass, harm, or kill red-tailed hawks without special permits. Red-tailed hawk nests are also protected from disturbance or destruction. These laws apply year-round and protect hawks even if they are causing conflicts with pets or livestock. Virtually the only ways a person can legally kill a red-tail or disturb their nests are through highly regulated scientific permits or the exercise of Native American tribal rights. So while they may sometimes come into conflict with human interests, red-tailed hawks are protected wildlife in Georgia. For both legal and environmental reasons, it is important that these iconic raptors and other migratory birds are conserved for future generations.