Yes, hawks are protected in PA. Every hawk species in the state is covered by the federal Migratory Bird Treaty Act and by Pennsylvania’s Game Code, and the two systems stack. Killing, trapping, or possessing a hawk or any part of one without a permit can bring federal fines up to $15,000, up to six months in jail, and separate state penalties on top of that.1Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties
The Migratory Bird Treaty Act of 1918 makes it unlawful to kill, capture, sell, trade, or transport any protected migratory bird, or any part, nest, or egg, without a federal permit.2U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918 Pennsylvania adopts the full MBTA into state law through Title 34 of the Pennsylvania Consolidated Statutes, and where state rules are stricter, state rules control.3Pennsylvania General Assembly. Pennsylvania Code Title 34 – Game, Chapter 21 One act can violate both.
Which Hawks Are Covered
All of them. The Pennsylvania Game Commission confirms that hawks are protected under both federal and state law, and the list of species you’re likely to see includes Red-tailed Hawks, Cooper’s Hawks, Broad-winged Hawks, Sharp-shinned Hawks, Northern Harriers, and Rough-legged Hawks.4Pennsylvania Game Commission. Hawks and Falcons The American Goshawk is listed as endangered in Pennsylvania and carries additional protections under both the state Game and Wildlife Code and the MBTA.5Pennsylvania Game Commission. American Goshawk
Resident hawks and migrants passing through get the same treatment. Whether the bird in your yard is a common Red-tail or a rare Goshawk, the basic prohibitions are identical.
What You Cannot Do Without a Permit
The MBTA’s definition of “take” is broad. It covers pursuing, hunting, wounding, killing, trapping, capturing, or collecting a bird.6Office of the Law Revision Counsel. 16 USC 703 – Migratory Birds, Convention With Great Britain In practical terms, that means you may not:
- Shoot, poison, trap, or otherwise harm a hawk, even accidentally while shooting at something else.
- Net, snare, or capture a live hawk.
- Keep feathers, talons, bones, or any other part of a hawk, including things you find on the ground.
- Remove, destroy, or interfere with an active nest or its eggs.
- Sell, barter, or trade any hawk or part of one, alive or dead.
The feather rule catches people off guard. A tail feather on a hiking trail is federal property, and picking it up without a permit is a violation. Same goes for a dead hawk on the roadside. Leave it where it is.
Penalties If You Get Caught
A standard MBTA violation is a federal misdemeanor punishable by a fine of up to $15,000, up to six months in prison, or both. If the government proves you knowingly took a bird intending to sell or barter it, the charge becomes a felony carrying up to two years.1Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties
On the state side, unlawfully killing or possessing a protected bird is generally a summary offense of the fifth degree, with a fine of $100 to $200 per bird or part. Multiple birds multiply the exposure. If the hawk is threatened or endangered, like the American Goshawk, the charge jumps to a misdemeanor of the second degree, punishable by up to $5,000 and 12 months in jail.7Pennsylvania General Assembly. Pennsylvania Code Title 34 – Game
Pennsylvania also assesses a replacement cost for each animal killed, separate from the criminal fine. For a bald eagle, golden eagle, osprey, or peregrine falcon, that cost is $2,500 per bird.8Pennsylvania Code and Bulletin. 58 Pa Code 131.8 – Replacement Costs for Wildlife Killed The Pennsylvania Game Commission enforces state law and the U.S. Fish and Wildlife Service handles federal cases, so a single incident can produce charges from both.
When a Hawk Is Killing Your Chickens
This is where most people get into trouble. Your instinct is to reach for a shotgun. Don’t.
Pennsylvania does allow killing wildlife that is actively destroying livestock or poultry, but the rules for protected and endangered species are much stricter. Before any lethal removal of a protected bird, you must first make every reasonable effort to live-trap and transfer it in cooperation with a Pennsylvania Game Commission representative.3Pennsylvania General Assembly. Pennsylvania Code Title 34 – Game, Chapter 21
The property protection provision is also narrower than people assume. It applies to those who cultivate land as their primary livelihood: farm owners, lessees, their family members, and regular employees.3Pennsylvania General Assembly. Pennsylvania Code Title 34 – Game, Chapter 21 A suburban backyard chicken keeper doesn’t automatically qualify.
If predation is recurring and non-lethal methods have failed, the federal route is a Migratory Bird Depredation Permit from the U.S. Fish and Wildlife Service. The process starts with a call to USDA Wildlife Services for a technical assessment. If a biologist finds lethal take justified, they complete an evaluation form you submit with the permit application. Any permit issued specifies the exact species, methods, number of birds, locations, and dates.9USDA APHIS. Migratory Bird Depredation Permit Process
What You Can Do Without a Permit
Non-lethal deterrents are unrestricted and are usually what actually solves the problem:
- Cover chicken runs with hardware cloth, netting, or solid roofing. This is the single most effective step.
- Hang reflective tape, old CDs, or small mirrors near the coop so flashes of light make the area uncomfortable.
- Use an owl decoy, and move it every few days so hawks don’t learn to ignore it.
- Prune dead branches from tall trees near the coop and add bird spikes to fence posts to remove hunting perches.
- Keep a rooster for alarm calls, or a livestock guardian dog breed whose presence alone deters aerial predators.
- Supervise small pets during dawn and dusk, when hawks hunt most actively.
Legal Ways to Possess a Hawk
There are a few. All require permits, and none of them is quick.
Falconry is the most common legal path. The Pennsylvania Game Commission issues falconry permits through an apprentice, general, and master class system. Apprentices are limited to wild passage Red-tailed Hawks and American Kestrels, must be sponsored by an experienced falconer, and must have facilities inspected and approved before housing any bird.10Legal Information Institute. 58 Pa Code 147.103 – Classes
Licensed wildlife rehabilitators can hold injured or orphaned hawks for treatment and release under a state rehabilitation permit, with facilities inspected and approved by a district wildlife conservation officer.11Legal Information Institute. 58 Pa Code 147.304 – Wildlife Rehabilitation Permits Because hawks are migratory birds, rehabilitators also typically need a federal permit from the U.S. Fish and Wildlife Service.
Researchers and educators can apply for special purpose permits from the U.S. Fish and Wildlife Service under 50 CFR Parts 13 and 21 to collect, maintain, or display hawks, and state-level permits from the Game Commission are usually required as well.12U.S. Fish & Wildlife Service. Migratory Bird Permits
If You Find an Injured Hawk
Don’t try to care for it yourself. Even well-intentioned handling without a permit is a violation, and raptor talons cause serious injuries. Call the Pennsylvania Game Commission’s Centralized Dispatch at 1-833-PGC-WILD (1-833-742-9453) to report the bird and get instructions, including a referral to a licensed rehabilitator.13Commonwealth of Pennsylvania. Report Wildlife Health Issues
If the bird is in immediate danger from traffic or a pet, you can move it a short distance to a safer spot using a towel or box, but keep contact to a minimum. Don’t feed it or offer water. Raptors have specialized diets and the wrong food causes real harm.
If You Witness a Violation
Two reporting channels exist. For state enforcement, call the Pennsylvania Game Commission’s Operation Game Thief hotline at 1-888-PGC-8001, which runs around the clock. For federal violations, contact the U.S. Fish and Wildlife Service tip line at 1-844-FWS-TIPS (1-844-397-8477) or submit a report through the FWS website.14U.S. Fish & Wildlife Service. How to Report Wildlife Crime Both agencies take anonymous tips. Note vehicle descriptions and location details, and capture photos or video only if you can do so safely.