The Legal Scope of Banding Permits

Some reminders about what banding permits authorize and do not authorize are in order.

A banding permit basically authorizes one to capture, band, or otherwise mark (with an auxiliary marking authorization), migratory birds subject to the conditions specified on the permit, in the North American Bird Banding Manual, and in the Code of Federal Regulations. One may also salvage dead birds and hold them for up to six months, a reasonable amount of time to get them reposited in a properly permitted collection. One may hold live birds up to 24 hours to care for them if they are not in condition for immediate release.

Blood and Feather Sampling

With specific authorization from BBL, a bander may also take blood and/or feather samples from birds. This presently is allowed under an informal agreement with the US Fish and Wildlife Service which has responsibility for scientific collecting permits. We are working to formalize (codify) this arrangement which has proven to be convenient for both banders and the government.

A banding permit does not authorize one to:

• Band or salvage in a state or another country without also having permits that they may require;
• Deliberately capture and band threatened or endangered species without also having state or federal permits that may be required (one may, however, band and immediately release accidentally captured threatened or endangered birds);
• Band wild birds of the order Galliformes (quail, grouse, pheasant, turkey, ptarmigan), Rock Doves, or any captive bird with federal bands;
• Band or otherwise trespass on private or public land without the consent of the owner or custodian;
• Take birds for falconry purposes;
• Hold live birds for more than 24 hours;
• Use salvaged birds for dissection or other destructive classroom exercises;
• Collect (kill for scientific purposes) birds;
• Control (kill) cowbirds or predatory birds;
• Collect eggs or nests;
• Collect parts of birds, other than the blood or feather samples as discussed above;

Many of these activities that are not authorized under a banding permit can be authorized under other migratory bird permits. If in doubt about what is or is not authorized, please call BBL or your US Fish and Wildlife Service regional migratory bird coordinator.

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