Yes. Magpies are protected in Colorado under the federal Migratory Bird Treaty Act and reinforced by state wildlife law, so you cannot kill, trap, or possess them, their feathers, their nests, or their eggs without authorization.1U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 19182Office of the Law Revision Counsel. 16 US Code 703 – Taking, Killing, or Possessing Migratory Birds Unlawful There is no hunting season for them in Colorado. You can, however, scare them off your property freely, and federal rules allow lethal control in narrow situations involving real damage, provided you try nonlethal methods first.
What You Can Do Without a Permit
No permit is required to scare or herd depredating migratory birds other than eagles and federally listed threatened or endangered species.3eCFR. 50 CFR Part 21 Subpart D – Provisions for Depredating, Overabundant, or Otherwise Injurious Birds Magpies fall outside both categories, so hazing them is legal.
Common deterrents include netting and flagging, propane cannons, recorded distress calls, and reflective tape. You can also make your property less inviting by securing trash, covering pet food, and trimming the trees where magpies like to roost. None of this requires paperwork or approval. What you cannot do without authorization is kill, trap, or physically harm them.
State law is narrower on nests than many people assume. Willfully destroying a wildlife nest or eggs, or harassing wildlife, is a misdemeanor in Colorado, but the statute carves out an exception for removing a nest when necessary to prevent damage to property or livestock.4Justia Law. Colorado Revised Statutes Title 33 – Section 33-6-128 That exception reads most safely as covering inactive nests. Tearing down an active nest with eggs or chicks still exposes you to a federal MBTA violation whatever state law allows.
When You Can Legally Kill Magpies
Federal regulation 50 CFR ยง 21.150 is a standing depredation order that lets private citizens kill magpies without an individual permit in three situations:5eCFR. 50 CFR 21.150 – Depredation Order for Blackbirds, Cowbirds, Crows, Grackles, and Magpies
- The birds are causing serious injury to agricultural or horticultural crops or to livestock feed.
- The birds are causing a health hazard or structural property damage.
- Action is needed to protect a species listed as endangered, threatened, or a candidate for listing at the federal, state, or tribal level.
Annoyance, noise, or magpies raiding your bird feeder do not qualify. If wildlife officers investigate, you have to be able to show the damage.
There is a step that catches people out: each calendar year, you must first attempt nonlethal control before using lethal measures. The regulation names netting, flagging, trained raptors, propane cannons, and recordings as examples. Skipping straight to shooting puts you outside the order’s protection. Any lethal control also has to comply with Colorado and local firearms, trapping, and safety laws.
When You Need an Individual Permit Instead
If your situation doesn’t fit the depredation order, or you want broader authorization, you can apply for an individual depredation permit from the U.S. Fish and Wildlife Service on Form 3-200-13. The fee is $50 for individuals and $100 for businesses; government agencies are exempt.6U.S. Fish & Wildlife Service. Migratory Bird – Depredation
Before you file, contact USDA Wildlife Services at 866-487-3297 for an evaluation. If they agree a permit is warranted, they issue Form 37, which goes in with your application along with photos of the damage and documentation of the nonlethal deterrents you’ve already tried.6U.S. Fish & Wildlife Service. Migratory Bird – Depredation A granted permit lasts one year, and renewal applications are due at least 30 days before expiration. You still have to keep using nonlethal methods alongside anything the permit authorizes.
Reporting After You Take Magpies
Anyone who kills magpies under either track has to file an annual report, and this is the step people most often forget.
Under the depredation order, the report is due by January 31 of the following year on FWS Form 3-2436, and it must list the species, number taken, month and county, and the crop or animal you were protecting.5eCFR. 50 CFR 21.150 – Depredation Order for Blackbirds, Cowbirds, Crows, Grackles, and Magpies Under an individual permit, the annual report uses Form 3-202-9.6U.S. Fish & Wildlife Service. Migratory Bird – Depredation Missing the report can derail future permit applications and may itself be a violation.
Penalties for Killing a Magpie Without Authorization
A Migratory Bird Treaty Act violation is a federal misdemeanor punishable by a fine of up to $15,000, up to six months in jail, or both.7Office of the Law Revision Counsel. 16 US Code 707 – Violations and Penalties The statute sets no mandatory minimum, so the actual fine depends on the circumstances and the court.
Colorado penalties run alongside the federal ones. Willfully destroying a nest or eggs, or harassing wildlife, is a misdemeanor carrying a $100 fine and ten license suspension points.4Justia Law. Colorado Revised Statutes Title 33 – Section 33-6-128 Enough points and you lose your hunting and fishing privileges. State fines for unlawfully taking nongame wildlife can also be calculated as a multiple of the species’ license cost, so total exposure depends on how many birds are involved and the specific charge.
For most Colorado residents dealing with nuisance magpies, the sensible sequence is deterrents first, then the depredation order if real damage develops, and a formal permit only if the problem outruns both.