Hawks are protected in Ohio under two separate laws: the federal Migratory Bird Treaty Act and Ohio’s own nongame bird statute. Together they make it illegal to kill, capture, injure, pursue, buy, sell, or possess any hawk (or any part, nest, or egg) without a permit. Every hawk species that occurs in the state falls under both layers, and none of them qualify for any of Ohio’s narrow exemptions. Even a feather picked up off the ground is technically covered.
What Federal Law Prohibits
The Migratory Bird Treaty Act of 1918, codified at 16 U.S.C. ยง 703, makes it unlawful to kill, capture, sell, trade, ship, transport, import, export, or possess any migratory bird, along with any part, nest, or egg, without federal authorization.1Office of the Law Revision Counsel. 16 U.S. Code 703 – Taking, Killing, or Possessing Migratory Birds Unlawful All hawks native to North America are migratory birds under the statute, so the protection applies year-round whether or not the individual bird migrates. The prohibition also covers products made from hawk parts. The only path to legally do any of these things is a permit issued by the U.S. Fish and Wildlife Service.2U.S. Fish & Wildlife Service. Migratory Bird Permits
What Ohio Law Adds
Ohio Revised Code Section 1533.07 separately bars anyone from catching, killing, injuring, pursuing, or possessing any nongame bird, alive or dead, without legal authorization.3Ohio Legislative Service Commission. Ohio Revised Code Chapter 1533 Hawks are nongame birds under Ohio law, because the statutory list of “game birds” is limited to species like pheasants, quail, grouse, turkey, and waterfowl.4Ohio Legislative Service Commission. Ohio Revised Code Chapter 1531
The state statute also prohibits buying, selling, transporting, or shipping nongame birds, and it bans disturbing or destroying their nests, eggs, or young. Each bird or body part illegally taken or possessed counts as a separate offense.3Ohio Legislative Service Commission. Ohio Revised Code Chapter 1533 Ohio exempts three species from nongame protections (European starlings, English sparrows, and common pigeons), but no hawk qualifies.
Section 1531.02 goes further, declaring that all wild animals in Ohio belong to the public and are held in trust by the state. You may possess a wild animal, including a hawk, only when the law or Division of Wildlife rules specifically allow it.4Ohio Legislative Service Commission. Ohio Revised Code Chapter 1531
Every hawk that occurs in Ohio, from the widespread red-tailed hawk to the state-endangered northern harrier and rare visitors like the northern goshawk, receives the same protection regardless of how common the species is.5Ohio Department of Natural Resources. Raptors of Ohio Field Guide
Feathers and Found Parts Are Also Covered
One of the most common misunderstandings: you cannot legally keep a hawk feather you found on the ground. The MBTA’s prohibition covers all feathers and parts of protected birds, with no exemption for molted feathers or those taken from birds killed by cars or window strikes.6U.S. Fish and Wildlife Service. Feathers and the Law The only exceptions are feathers from legally hunted waterfowl and gamebirds, and feathers used by Native Americans. A single feather on a windowsill is unlikely to trigger prosecution on its own, but a collection found during any wildlife investigation will be treated seriously.
Hawk Nests on Your Property
An active nest, meaning one that contains eggs, chicks, or young birds still dependent on it, is fully protected under the MBTA. Destroying an active hawk nest is a federal crime. The U.S. Fish and Wildlife Service grants permits to remove active nests only in rare cases, generally when the nest creates a genuine human health or safety risk.7U.S. Fish & Wildlife Service. Bird Nests
Once a nest is inactive (no eggs, no chicks, no ongoing use for breeding), the MBTA does not prohibit destroying it, as long as you don’t collect or keep it afterward. Possessing even an abandoned nest requires a federal permit.7U.S. Fish & Wildlife Service. Bird Nests The safe approach is to wait until the breeding season ends (typically late summer for most Ohio hawks), confirm the nest is truly vacant, and only then take it down. If it turns out to still hold eggs or dependent young, you face full MBTA liability even if the mistake was honest.
When a Hawk Is Attacking Your Chickens or Pets
This is where the law frustrates people most. Even if a hawk is killing your poultry or threatening a small pet, you cannot shoot, trap, or otherwise harm it. The legal path runs through non-lethal deterrents first, and only through a federal depredation permit if those fail.
Non-Lethal Deterrents You Can Use Right Now
Physical exclusion is the most reliable protection. Cover your chicken run with hardware cloth, netting, or a solid roof; hawks are ambush hunters and a covered enclosure removes their approach angle. Dense shrubs and small trees near poultry areas give birds cover when a hawk appears overhead.
Other legal options include reflective tape or old CDs strung up to throw unpredictable flashes of light, realistic owl decoys (move them every few days or hawks learn to ignore them), and motion-activated noise devices. For small pets, supervised outdoor time is the simplest prevention, especially at dawn and dusk when hawks hunt most actively. Roosters and livestock-guardian dog breeds also add meaningful deterrence.
Depredation Permits as a Last Resort
If non-lethal methods genuinely fail, you can apply for a migratory bird depredation permit from the U.S. Fish and Wildlife Service. USDA Wildlife Services conducts a site evaluation as part of the process, and you’ll need documentation that you tried non-lethal measures: receipts for scare devices, photos of netting, records of losses.8U.S. Fish & Wildlife Service. 3-200-13 Migratory Bird – Depredation Even when granted, the permit requires you to keep using non-lethal methods alongside any lethal take it authorizes. These permits are hard to get and slow by design; the default expectation is that a non-lethal fix will work.
Legal Ways to Work With Hawks
A few narrow permit programs allow legitimate activities involving hawks.
Falconry. Ohio issues falconry permits through the Division of Wildlife under a three-tier apprentice, general, and master system. The initial permit is $75 plus $25 per year, with renewals at $25 annually. First-time applicants must score at least 80 percent on a supervised exam, secure a qualifying sponsor, and pass a facilities inspection.9Ohio Legislative Service Commission. Ohio Administrative Code Rule 1501:31-37-01 – Falconry Permit; Fees A separate federal falconry permit is also required.2U.S. Fish & Wildlife Service. Migratory Bird Permits
Wildlife rehabilitation. Licensed rehabilitators can care for injured or orphaned hawks with the goal of release. Ohio rehabilitators need a Division of Wildlife permit, must be at least 18, and must complete approved training; those handling raptors typically also need a federal permit.2U.S. Fish & Wildlife Service. Migratory Bird Permits
Scientific and educational permits. The U.S. Fish and Wildlife Service issues permits for possessing live migratory birds for educational programs, with a matching Ohio state permit required for the federal permit to be valid.2U.S. Fish & Wildlife Service. Migratory Bird Permits
Penalties for Harming or Possessing a Hawk
A standard MBTA violation (killing a hawk, possessing one without a permit, destroying an active nest) is a misdemeanor punishable by up to $15,000, up to six months in jail, or both. Knowingly taking a hawk with intent to sell or barter it becomes a felony carrying up to two years in prison. The MBTA itself caps the felony fine at $2,000, though the general federal criminal fines statute can raise that ceiling.10Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties; Forfeitures
Ohio charges violations separately and adds its own fines and possible jail time. Because each bird or body part counts as a separate offense under state law, someone caught with multiple hawks or parts can face stacked charges that add up quickly.3Ohio Legislative Service Commission. Ohio Revised Code Chapter 1533 Equipment and illegally held birds, nests, or parts can be seized under both federal and state law.
Reporting Violations and Finding Help for Injured Hawks
If you see someone harming or illegally possessing a hawk, call Ohio’s Turn in a Poacher hotline at 1-800-POACHER (1-800-762-2437). Tips can be anonymous, and callers may be eligible for a reward.11Ohio Department of Natural Resources. Turn in a Poacher Brochure Federal violations can also be reported directly to the U.S. Fish and Wildlife Service.
If you find an injured hawk, contact a licensed wildlife rehabilitator rather than trying to care for it yourself. Possessing a wild bird without a permit is illegal even with good intentions, and raptor talons cause serious injuries. Ohio facilities equipped for raptors include Raptor Inc. in Clermont County (513-825-3325), the Glen Helen Raptor Center in Greene County (937-767-6656), and the Medina Raptor Center (330-591-7300), among others.12Ohio Department of Natural Resources. Ohio Division of Wildlife Permitted Wildlife Rehabilitators 2025-2026 The Division of Wildlife’s website keeps the full list of permitted rehabilitators by county and by species.