7 Birds That Are Illegal To Own in California (Explained)

Last updated on October 13th, 2022 at 02:58 pm

Many birds are illegal to own in California due to conservation purposes. The Migratory Bird Treaty Act, for example, protects migratory birds in the area from private possession to retain strong wild populations.

Possessing an illegal bird is grounds for heavy fines and even imprisonment in some cases.

Here are 7 birds that are illegal to own in California:

1. Monk Parakeet

The Monk Parakeet, also called the Quaker Parrot, is illegal to own in the following states:

  • California
  • Colorado (unless owned before 1990)
  • Connecticut
  • Georgia
  • Hawaii
  • Kentucky
  • Pennsylvania
  • Rhode Island
  • Tennessee
  • Wyoming

Authorities may euthanize a Monk Parakeet if it’s found as a pet in any of these states. 

The reason Monk Parakeets are not allowed as pets is because of the impact they would have on native ecosystems if they escaped or were released into the wild.

Monk Parakeets build their nests near electrical utility poles and transformers, which is quite a dangerous fire hazard, especially in places prone to wildfires.

Monk Parakeets may also negatively impact agricultural production, although this point is disputed.

2. California Condor

California condors are a protected species in California because they face major threats to their survival: lead poisoning, ingestion of microtrash, and electrocution.

Condors are scavengers who feed on the carcasses of other animals, including animals that have been hunted.

Hunters often take the meat of the animal with them, leaving the guts behind. 

When hunters use lead ammunition, they leave behind fragments of lead in these guts, leading to lead poisoning in the condors who scavenge those animals. 

Microtrash is another major threat to the survival of California condors. This threat mainly impacts nestlings.

Adult condors will feed their chicks bits of bone as a source of calcium, but they have also been known to bring bits of glass, metal, and plastic as pollution problems worsen.

Eating enough of this garbage will kill young chicks.

Finally, the California condor is threatened with electrocution.

Where other birds can safely land on power lines, condors risk touching two live wires simultaneously, which causes a current to run through the body.

Often this results in immediate death.

When California condors are raised in captivity, their keepers teach them to stay away from powerlines.

The keepers will rig a fake power pole with a small amount of electricity, enough to teach the condors that it is not safe to land on them. 

3. American Peregrine Falcon

The American peregrine falcon had been threatened for a long time by the pesticide DDT.

This caused falcons to lay eggs that were either infertile or too thin-shelled to protect the embryos inside.

In 1970, the American peregrine falcon was added to the U.S. endangered species list.

But when the Environmental Protection Agency banned DDT in 1972, these falcons made a strong comeback.

The ban was also aided by conservationists who bred American Peregrine Falcons in captivity for release in the wild.

There are now over 1,600 American peregrine falcons in the wild.

Still, these falcons remain protected by law under the Migratory Bird Treaty Act.

The capture of native birds is prohibited except in cases specifically allowed by the U.S. government. 

Conservationists hope for these populations to remain strong, unimpeded by private capture and ownership.

One exception to this rule is in the case of falconry.

It is possible to obtain a permit that allows you to take a falcon from the wild, so long as the species is not currently endangered or threatened.

4. Bald Eagle

Like the American peregrine falcon, the bald eagle was heavily impacted by the introduction of DDT around the time of World War II.

By 1966, the bald eagle was labeled endangered in the Endangered Species Preservation Act and then again in the Endangered Species Act of 1973. 

Thanks to conservation efforts and a ban on DDT, bald eagles are no longer considered endangered.

However, they are still protected by law under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act.

Due to the Bald and Golden Eagle Protection Act, the bald eagle is illegal to own even with a falconry license.

Disruptions to a bald eagle’s nest or nesting site are prohibited by these laws as well, along with any disturbance that interferes with breeding, feeding, sheltering, or nesting behaviors. 

It is also illegal to take or use parts of the bald eagle, such as its feathers. 

Penalties for breaking the Bald and Golden Eagle Protection Act include a $100,000 fine for individuals and a $200,000 fine for organizations, as well as up to a year of imprisonment. 

5. Golden Eagle

The golden eagle is protected by the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act.

So, it is illegal to own a Golden eagle in California even if you have a falconry permit.

It is also illegal to disrupt the golden eagle’s breeding grounds or disturb their nests in any way.

The goal of these laws is to allow these eagles to live without struggling against human interference.

Disturbing a golden eagle or its nest can result in a $200,000 fine for organizations or a $100,000 fine for individuals.

In addition, it is punishable up to a year in imprisonment, just like the penalty for disturbing a bald eagle. 

6. Trumpeter Swan

The Trumpeter swan is the largest native waterfowl species in North America, and it was nearly driven to extinction due to hunting and habitat loss.

Conservation efforts have brought the trumpeter swan back from the brink, but they are still threatened by lead poisoning, hunting, collisions, and habitat loss.

Like most of the birds on this list, the trumpeter swan is protected under the Migratory Bird Treaty Act.

This prohibits the private possession of native migratory birds except in rare cases when it benefits the public. 

Furthermore, this bird is also a part of the American Bird Conservancy’s Migratory Bird Program.

Through this program, the organization has monitored the species and offered protection for these birds and their habitats.

7. Brown Pelican

The brown pelican nearly became extinct due to the impacts of hunting and pesticides.

It was labeled endangered under the Endangered Species Act in 1970, but due to conservation efforts and the 1972 ban on DDT, the species has made a strong comeback. 

In 2009, the brown pelican had recovered to the point where it was no longer considered an endangered species under the law.

However, these birds are still protected under the Migratory Bird Treaty Act.

It is illegal to trade, sell, or own them unless specifically allowed for scientific research or another public good.

For further reading on restricted and allowable birds, see our article on live birds you can ship to California.

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