Are Hawks Protected in North Carolina? Laws, Nests, and Permits

Yes, hawks are protected in North Carolina. Every hawk species in the state is shielded by the federal Migratory Bird Treaty Act and by North Carolina’s own wildlife code, and killing, trapping, injuring, or possessing one without the right permit is a crime. A general violation of the MBTA can bring a fine of up to $15,000 and up to six months in jail; killing a hawk with intent to sell or barter it is a felony carrying up to two years in prison.¹

The Two Laws That Protect Hawks

The Migratory Bird Treaty Act of 1918 is the main federal protection. It makes it illegal to hunt, capture, kill, sell, trade, transport, or possess any protected migratory bird, or any part, nest, or egg of one, without authorization from the U.S. Fish and Wildlife Service.² Hawks fall squarely within its scope.³ The penalties apply whether the killing was intentional or the result of reckless behavior.

North Carolina reinforces that protection through its own wildlife code. Hawks are classified as nongame species, which means there is no open hunting season for them at any time of year. The N.C. Wildlife Resources Commission enforces state rules alongside federal officers, and a single incident can trigger both investigations at once. Where state and federal law overlap, the stricter penalty usually controls.

Every hawk you’re likely to see in North Carolina gets the same treatment under both laws. A red-tailed hawk circling a highway, a Cooper’s hawk raiding a backyard feeder, a red-shouldered hawk calling from a wooded lot, and a wintering northern harrier gliding over a marsh all carry identical legal status. There is no “common” species that can be killed.

What You Can and Cannot Do With a Hawk on Your Property

This is where most people get into trouble. A hawk nesting over a driveway, hunting songbirds at a feeder, or picking off chickens creates a real conflict, but the law gives you fewer options than you might expect.

Active Nests Are Off-Limits

If a hawk has built a nest with eggs or chicks on your property, you cannot remove, relocate, or disturb it. The MBTA prohibits possessing or destroying nests of protected migratory birds.² No trimming the branch. No knocking the nest down. No blocking the parents’ access. Hawk nesting generally runs from March through July depending on species, and most hawks will not reuse the same nest the following year.

Empty Nests Are More Flexible

Once a hawk nest is unoccupied and contains no eggs or young, the MBTA’s prohibition focuses on possession rather than destruction, so removing an abandoned hawk nest without keeping it generally does not violate the act.⁴ Eagle nests are the major exception; they stay protected year-round under a separate federal law. When in doubt about whether a nest is truly abandoned, call the NCWRC before touching it.

Scaring Hawks Is Legal

You do not need any federal permit to scare or harass hawks away, as long as you do not injure or kill them. Loud noises, reflective tape, visual deterrents, and netting over a chicken coop or run are all legal without a permit.⁵ Documenting those nonlethal efforts also matters later: the federal government will not even consider a lethal-removal permit until you can show you tried them first.

Depredation Permits for Livestock Losses

If hawks are actually killing chickens, ducks, or other livestock and nonlethal deterrents have failed, there is one legal route to lethal control: a federal depredation permit from the U.S. Fish and Wildlife Service. The bar is high and the process is deliberate.

Before you apply, you have to contact USDA Wildlife Services at 866-487-3297 to have the situation assessed. They complete a Permit Review Form documenting the damage and confirming that a permit is warranted. You also need to assemble proof that you tried nonlethal measures first: receipts for scare devices, photos of protective netting, records of habitat changes.⁵

The application itself requires FWS Form 3-200-13, the Wildlife Services review form, a table listing which species and how many birds you want to take, and supporting documentation such as photos of losses. The fee is $50 for an individual or $100 for a business, and government agencies are exempt. An approved permit lasts one year, requires annual reporting, and must be renewed at least 30 days before it expires. Anyone helping you carry out permitted activities needs their own separate permit.⁵ Even with the permit in hand, you have to keep using nonlethal deterrents alongside any lethal control.

Shooting a hawk without this permit in place is a federal crime no matter how many chickens the bird has taken. Falconry, scientific research, and licensed wildlife rehabilitation are the other narrow activities that authorize possession of a hawk, each requiring permits from both federal and state authorities.⁶

If You Find an Injured Hawk

Your first instinct to help an injured hawk is the right one, but how you help matters, both for the bird and for keeping yourself out of legal trouble. Caring for an injured hawk yourself without the proper credentials is illegal, even with good intentions.

Start by assessing the situation safely. An alert hawk can cause serious injury with its talons, and a bird that was knocked out by a car or window strike can lash out the moment it comes around. Wear thick gloves and eye protection if you have them. If the hawk is large and fully alert, call local animal control or a licensed wildlife rehabilitator and let them handle the capture.

If the hawk is small or too injured to resist, gently place a towel over it and move it into a cardboard box lined with another towel, with small air holes punched in the sides. Skip wire cages and glass containers; they cause more injuries. Do not offer food or water. Keep the box somewhere quiet, dark, and warm to reduce stress.

Then get the bird to a licensed rehabilitator as quickly as possible. The NCWRC maintains an interactive map of licensed wildlife rehabilitators across the state at ncwildlife.gov.⁷ Raptors need specialized veterinary care that goes well beyond what even an experienced bird owner can provide, and possessing a hawk without a rehabilitation permit is a federal violation on its own.

Reporting Someone Who Is Harming a Hawk

If you witness someone shooting, trapping, poisoning, or otherwise harming a hawk, report it. Gather what you can: the date, time, exact location, a description of what happened, and any identifying information about the people or vehicles involved.

For violations in North Carolina, call the NCWRC’s violation hotline at 800-662-7137, available 24 hours a day. You can also text the keyword WILDTIP to TIP411 (847411) for anonymous reporting. Tips submitted through WILDTIP strip identifying information unless you choose to identify yourself to claim a reward.⁸
For federal violations, contact the U.S. Fish and Wildlife Service at 1-844-FWS-TIPS (1-844-397-8477) or submit a tip online through the FWS website.⁹

You can report to either agency or both. State and federal officers coordinate regularly, and a report to one often reaches the other. If the violation is in progress, call the NCWRC hotline first for the fastest response.

1
Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties; Forfeitures
2
Office of the Law Revision Counsel. 16 USC 703 – Taking, Killing, or Possessing Migratory Birds Unlawful
3
U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918
4
U.S. Fish & Wildlife Service. Living Around Birds
5
U.S. Fish & Wildlife Service. Migratory Bird – Depredation
6
eCFR. 50 CFR Part 21 – Migratory Bird Permits
7
N.C. Wildlife Resources Commission. Injured and Orphaned Wildlife
8
N.C. Wildlife Resources Commission. NC WILDTIP – Turn In Poachers Reward Program
9
U.S. Fish & Wildlife Service. How to Report Wildlife Crime