Yes, woodpeckers are protected in Florida. All eight species found in the state are covered by the federal Migratory Bird Treaty Act, and Florida wildlife rules adopt those same protections at the state level. Killing, trapping, or harassing a woodpecker without a federal permit is a misdemeanor that can bring a fine of up to $15,000 and six months in jail. One species, the red-cockaded woodpecker, carries additional protection under the Endangered Species Act and cannot be lethally controlled at all.
The Federal Law That Protects Them
The Migratory Bird Treaty Act covers more than a thousand native bird species, every Florida woodpecker included. It prohibits killing, capturing, selling, trading, or transporting a protected bird without authorization from the U.S. Fish and Wildlife Service.1U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918 The law makes no exception for a homeowner whose siding is being drilled. The person who shoots a woodpecker off their porch faces the same statute as someone trafficking in protected birds.
The definition of “take” is broader than most people assume. It includes killing and capturing, but also wounding, pursuing, and harassing. Intent is not required. Disturbing a nest so that eggs are abandoned or chicks die can qualify as take even if you never touched the bird.1U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918
Florida’s Own Rules
Florida layers state protection on top of the federal statute. Rule 68A-16.001 of the Florida Administrative Code adopts the federal migratory bird regulations into state law, giving the Florida Fish and Wildlife Conservation Commission authority to enforce them.2Florida Administrative Rules. Florida Administrative Code 68A-16 – Rules Relating to Birds Rule 68A-4.001 adds a baseline prohibition against taking, transporting, buying, selling, or possessing any wildlife except as specifically permitted. The rule allows year-round take of “non-protected” mammals and birds, but woodpeckers are not in that category because the MBTA protections pull them into Rule 68A-16.001.3Legal Information Institute. Fla Admin Code Ann R 68A-4.001 – General Provisions
The practical effect: even where federal enforcement doesn’t reach a particular case, state wildlife officers can pursue it independently.
Nests, Eggs, and Nesting Season
The MBTA protects nests and eggs along with the birds themselves. The Fish and Wildlife Service treats a nest as “in-use” from the moment the first egg is laid until all young have fledged and no longer depend on it. Destroying an in-use nest requires federal authorization. Relocating any nest, even an inactive one, also needs a permit because moving it involves collecting and possessing a nest.4U.S. Fish and Wildlife Service. Migratory Bird Permit Memorandum – Nest Authorizations
Once a nest is genuinely inactive, you can usually remove it without a permit. Confirm it first. If the nest turns out to contain eggs or dependent chicks, you’ve committed a federal violation.5U.S. Fish & Wildlife Service. Bird Nests
In Florida, woodpecker nesting runs roughly March through September, with the window varying by species. Pileated woodpeckers can start as early as March; red-bellied woodpeckers may still have active nests in mid-September. Assume any cavity could be in use from March through August, and if a nest is active, wait until the young have permanently left before taking any control action nearby.6U.S. Fish & Wildlife Service. Woodpeckers and Your Home
The Red-Cockaded Woodpecker Is a Special Case
The red-cockaded woodpecker was reclassified from endangered to threatened in October 2024, but the Fish and Wildlife Service finalized a 4(d) rule that keeps the same prohibitions in place, including bans on take, possession, and interstate commerce, on both public and private land.7Federal Register. Reclassification of the Red-Cockaded Woodpecker From Endangered to Threatened With a Section 4(d) Rule
For a homeowner, the consequence is sharp: a federal depredation permit cannot be issued for a threatened or endangered species.8APHIS. Migratory Bird Depredation Permit Process If a red-cockaded woodpecker is causing your damage, non-lethal deterrents are the only legal option. The FWC publishes a species profile and can give guidance.9Florida Fish and Wildlife Conservation Commission. Red-cockaded Woodpecker
Penalties If You Act Without a Permit
A standard MBTA violation is a misdemeanor carrying a fine of up to $15,000, up to six months in jail, or both. If the take was knowing and done with commercial intent, it becomes a felony with up to two years in prison.10Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties Most homeowner situations fall under the misdemeanor tier. A $15,000 fine for shooting a woodpecker off a porch is still on the table.
If the bird is a red-cockaded woodpecker, the Endangered Species Act stacks on top. A knowing ESA violation carries a civil penalty of up to $25,000 per violation, and criminal penalties can reach $50,000 and up to one year in prison. Even an unknowing violation can bring a civil penalty of up to $500. The only defense the statute recognizes is a good-faith belief that you were protecting yourself or someone else from bodily harm. Property damage does not qualify.11Office of the Law Revision Counsel. 16 USC 1540 – Penalties and Enforcement
What You Can Legally Do About Damage
The lawful path starts with non-lethal deterrents. These are also what works in most situations, and documented attempts are a prerequisite to any federal permit application. The Fish and Wildlife Service recommends:6U.S. Fish & Wildlife Service. Woodpeckers and Your Home
- Install bird netting from the outer eaves down the side of the building, pulled taut so the bird can’t reach the siding. This is the most effective physical barrier.
- Fill and repaint any holes immediately. An open hole invites the bird back and signals to other woodpeckers that the spot is productive.
- Hang visual scare devices such as model owls or hawks, reflective spinners, or windsocks near the damage area, and move them periodically so the bird doesn’t habituate.
- Play recorded woodpecker distress calls followed by raptor calls near the problem area.
- For ornamental trees being hit by sapsuckers, wrap burlap or other heavy fabric around the trunk at the damage zone.
One warning: avoid sticky gels or tacky substances sold as bird deterrents. The Fish and Wildlife Service specifically advises against them because they can coat a bird’s feathers and ruin its ability to fly or stay warm. A product that injures a protected bird can itself count as a take, even if you only meant to scare it off.
When Lethal Control Is Allowed
If non-lethal methods genuinely fail, a property owner can apply for a Federal Migratory Bird Depredation Permit through the U.S. Fish and Wildlife Service. The permit authorizes capture or killing of migratory birds that are damaging property, threatening human health or safety, or harming other protected wildlife.12U.S. Fish & Wildlife Service. 3-200-13 Migratory Bird – Depredation
The application has to show both the damage and your prior non-lethal efforts. You’ll need photos of the damage, identification of the species responsible (attach photos of the birds if you aren’t sure), receipts or invoices proving you tried deterrents, and a completed Take Request Table describing the specific lethal action you’re asking for. Incomplete applications get sent back, which adds weeks to an already slow process.
The application fee is $50 for individual homeowners and $100 for businesses. Permit amendments cost $50 for businesses and nothing for individuals. Federal, tribal, state, and local government agencies are exempt from processing fees.13eCFR. 50 CFR 13.11 – Application Procedures
A depredation permit cannot authorize take of eagles or any species listed as threatened or endangered. In Florida that puts the red-cockaded woodpecker completely out of reach for lethal control.8APHIS. Migratory Bird Depredation Permit Process Even with a valid permit for other species, you’re expected to keep using non-lethal measures alongside whatever take the permit allows.
Hiring Someone Else to Deal With It
For native protected species like woodpeckers, the federal depredation permit is the controlling authorization regardless of what state credentials a professional holds.14Florida Fish and Wildlife Conservation Commission. Nuisance Wildlife Permits If someone offers to trap or kill a woodpecker for you without mentioning a federal permit, that’s a red flag. The liability lands on the property owner as well as the operator.
Professional bird exclusion services, meaning installation of netting, sealing of entry points, and setup of deterrent systems, are the more common and practical route for homeowners with persistent damage. These physical methods don’t require any permit because they don’t involve taking or harming the bird.