Is It Illegal to Kill a Bald Eagle? What Federal Law Says
You see a bald eagle near your home. Perhaps it is circling above a small dog, or you have found an eagle nest in a tree you planned to remove. What are you legally allowed to do?
In the United States, it is generally illegal to kill a bald eagle without authorization. Federal protection also covers more than killing. Shooting at an eagle, wounding it, capturing it, and certain forms of disturbance can violate the law. Its nests, eggs, feathers, and other parts receive protection as well.What to know
- Bald eagles remain federally protected despite their removal from the endangered species list in 2007.
- Federal law prohibits more than killing: shooting at, wounding, capturing, or unlawfully disturbing an eagle can also be a “take.”
- There is no blanket statutory permission to kill an eagle because it threatens a pet or property.
- Some eagle-related activities can be authorized by a specific federal permit.
- During an immediate threat, protect people first and seek appropriate emergency and wildlife assistance.
Which law makes killing a bald eagle illegal?
The main federal law is the Bald and Golden Eagle Protection Act, often called the Eagle Act. It prohibits taking bald or golden eagles without authorization. The law also prohibits possessing, transporting, selling, and other prohibited transactions involving eagles or their parts, nests, and eggs.
The word “take” has a broad legal meaning. It includes pursuing, shooting, shooting at, poisoning, wounding, killing, capturing, trapping, collecting, molesting, or disturbing an eagle. That means someone does not have to successfully kill or capture the bird for the prohibition to matter.
“Disturb” also has a specific regulatory meaning. It covers actions that cause, or are likely to cause, injury, substantially reduced productivity, or nest abandonment by interfering with normal breeding, feeding, or sheltering behavior. Merely seeing an eagle near your property is not itself a violation, but work near an eagle nest may require careful planning.
Bald eagles also receive protection under the Migratory Bird Treaty Act. The U.S. Fish and Wildlife Service’s eagle management guidance explains how these federal protections continue to apply.
Are bald eagles still endangered?
No. Bald eagles were removed from the federal threatened and endangered species list in 2007 after their population recovered.
That change did not make it legal to kill them. The Eagle Act and Migratory Bird Treaty Act are separate sources of protection. The Fish and Wildlife Service describes the bird’s recovery and continuing legal protection in its eagle management overview.
The distinction is simple: “not endangered” does not mean “unprotected.”
What is the penalty for killing a bald eagle?
For a first criminal violation of the Eagle Act, the Fish and Wildlife Service lists a possible fine of up to $100,000 for an individual, up to one year in prison, or both. It lists a fine of up to $200,000 for an organization. A second violation is a felony and carries greater potential penalties.
Those amounts are maximum potential penalties, not automatic sentences. A case’s outcome depends on the charge, evidence, applicable law, and sentencing decision.
One detail can confuse readers researching the penalty. The text of 16 U.S.C. § 668 contains fine amounts that are lower than the criminal maximums stated in current federal agency guidance. Articles that simply repeat the statute’s older figures may therefore give an incomplete impression of potential federal criminal fines.
A 2026 case illustrates that the law is still enforced. In a Department of Justice announcement about a Texas bald eagle shooting, prosecutors reported that the defendant pleaded guilty after the injured bird had to be euthanized. DOJ said the charge carried a possible maximum of one year in prison and a $100,000 fine. A possible maximum does not predict the sentence in another case.
Is killing a bald eagle always a felony?
No. The Fish and Wildlife Service describes a first criminal violation as a misdemeanor and a second violation as a felony. Other charges could arise from particular conduct, so you should check the classification of an individual case against the actual charges.
Can there also be civil penalties?
Yes. The Eagle Act has a separate civil penalty provision. Civil enforcement and criminal prosecution are different processes. Whether either applies depends on the facts; an eagle’s death alone does not tell you the precise charge or penalty.
Can you kill a bald eagle in self-defense?
The federal Eagle Act does not contain a blanket exception saying that anyone may kill an eagle by claiming self-defense. Equally, it would be misleading to promise that every emergency involving immediate danger to a person has the same legal result.
The circumstances would matter: What threat was actually happening? How immediate was it? What did the person do? Were other ways to get to safety available? Investigators, prosecutors, and potentially a court would assess the relevant law and evidence. The criminal provision in 16 U.S.C. § 668 refers to knowing conduct or conduct done with wanton disregard for its consequences.
If an eagle threatens someone, move the person to safety first. If possible, go indoors or behind a barrier. Seek emergency services for an immediate threat or injury. Do not treat the possibility of raising a legal defense afterward as advance permission to shoot an eagle.
What if an eagle attacks your child?
Protect the child immediately. Bring the child inside, put a solid barrier between the child and the bird where possible, and call emergency services if there is an injury or continuing danger.
There is no reliable one-sentence answer that declares every conceivable use of force in that situation automatically lawful or unlawful. A real incident calls for prompt reporting and advice based on what actually occurred.
What if an eagle attacks your dog?
Federal law does not provide general permission to kill an eagle to protect a dog. Bring the pet indoors or away from the bird if you can do so safely.
For a recurring threat, ask wildlife officials about lawful ways to prevent another encounter. The Fish and Wildlife Service has an eagle depredation permit process for certain threats to property or safety. The agency describes such permits as short-term relief while longer-term nonlethal measures are developed. The existence of a permit category does not mean an unpermitted person may act independently.
What happens if you kill a bald eagle by accident?
The word “accident” does not settle the legal question. An unexpected collision, an intentional shot aimed at a bird someone failed to identify, and a risky activity continued despite a known eagle presence are different situations.
For a clearly labeled hypothetical example, imagine a driver who unexpectedly strikes a bird on a road. Now imagine someone who fires a gun toward a bird to scare it off and later says they did not mean to kill it. Both people might describe the outcome as accidental, but the actions leading to it differ materially.
The federal statute contains criminal language concerning knowing acts and wanton disregard, as well as a separate civil penalty provision. The applicable facts and law determine the legal consequences.
If an eagle is injured or dead, do not hide it, keep it, or move it casually. Record the location and seek instructions from wildlife officials. The Fish and Wildlife Service’s guidance on finding an eagle or eagle remains directs people to contact its law enforcement office before handling a bird when there are signs of shooting, poisoning, electrocution, or intentional harm.
Is it illegal to damage a bald eagle egg or nest?
Eagle eggs and nests are federally protected. According to the Fish and Wildlife Service’s guidance for living and working near eagles, nests remain protected even when the birds are not currently using them. You need authorization to remove, relocate, destroy, or obstruct a nest.
That matters if you plan to cut down a tree, clear land, or build near a nest. Stop the activity that might affect it and seek official guidance before continuing. Owning the property does not, by itself, authorize removal of a protected eagle nest.
The rules also cover feathers and other eagle parts. Finding a feather does not generally give you permission to keep it. Specific lawful processes exist for eligible Native Americans to obtain feathers and parts for religious and cultural purposes; those processes do not authorize everyone to collect feathers they find.
When can someone legally take a bald eagle?
The Fish and Wildlife Service can issue specific permits for certain eagle-related activities under federal regulations. Depending on the circumstances, permit categories address disturbance, incidental take, nest removal, possession, and depredation.
A permit is limited by its terms. Permission to perform one activity is not permission to kill an eagle or remove a nest for another reason. If you anticipate a conflict involving construction, farming, livestock, property, or safety, consult the agency before taking action. Its eagle permitting information explains the available categories and where to begin.
What should you do after an eagle-related incident?
Protect people and preserve the facts
- Get to safety: Move people and pets away from the bird. Seek emergency care for any injury or immediate danger.
- Avoid further contact: Do not pursue the eagle or keep its body, eggs, feathers, or nest materials.
- Record what happened: Note the time, location, witnesses, and actions taken. Preserve existing photos or video without approaching the bird for more.
- Contact the appropriate authority: Report suspected illegal harm to the Fish and Wildlife Service. Ask wildlife officials or a qualified rehabilitator for help with an injured bird.
- Seek individual legal advice when necessary: If your actions may be investigated, consult a lawyer familiar with federal wildlife law.
The Fish and Wildlife Service accepts suspected wildlife crime reports through its online reporting page or at 1-844-FWS-TIPS (1-844-397-8477). For an injured bird needing care, contact the appropriate wildlife agency or qualified rehabilitator rather than using a crime-tip form as a rescue request.
Conclusion
Is it illegal to kill a bald eagle? Generally, yes. Federal law prohibits taking a bald eagle without authorization, and “take” includes killing. That protection remains in place even though the species is no longer listed as endangered.
An accident, an immediate threat to a person, and a recurring problem involving a pet or property raise different factual and legal questions. Protect people first, seek official guidance before acting on a foreseeable conflict, and report an incident accurately.Frequently asked questions
What is the penalty for killing a bald eagle?
A first criminal violation can carry up to one year in prison and a fine of up to $100,000 for an individual, or both. Those are potential maximums, not automatic penalties.
Can you kill a bald eagle if it attacks your child?
Protect the child and seek emergency help if needed. The Eagle Act provides no blanket statutory self-defense exception. The legal assessment of any force used during an immediate emergency depends on the specific facts and applicable law.
Can you kill a bald eagle if it attacks your dog?
There is no general permission to kill an eagle to protect a dog. Bring the dog to safety where possible. Ask wildlife officials about lawful prevention measures if the threat continues.
What if you kill a bald eagle by accident?
The consequences depend on what you did and the circumstances. Do not hide or keep the bird. Document the event, contact wildlife authorities, and seek legal advice if your conduct is being investigated.
Is an empty bald eagle nest protected?
Yes. Eagle nests remain protected even when they are not currently in use. Do not remove, relocate, destroy, or obstruct one without the required authorization.
Why are bald eagles protected if they are not endangered?
Endangered species listing and protection under the Eagle Act are separate. Bald eagles were removed from the endangered species list in 2007, but the Eagle Act and Migratory Bird Treaty Act still protect them.
