Migratory Bird Treaty Act for Billboard Operators: What You Need to Know

Let’s start with a simple question.

How Birds Damage Billboard Structures and Advertising Assets

Birds on structures can present multiple challenges for billboard operators. They are known to cause serious damage to the asset in many different ways. They will poke holes in vinyl copy and use vinyl pieces to nest. If the birds find their way into the head-plate, that potentially can turn into a very expensive problem to fix. Their feces are also highly acidic and will cause serious corrosion over time, shortening the life span of the asset greatly. Pest birds will also require recurring maintenance and cleaning costs that add up quickly, as well as create safety hazards and risk for billboard operators and employees.

Billboard operators also need to be very aware of the Migratory Bird Treaty Act when it comes to protected birds. The MBTA is a federal law enacted in 1918 that is designed to protect wildlife and conservation of migratory birds in the U.S.

Why the Migratory Bird Treaty Act Matters for Billboard Operators

It is a well known fact, birds find billboards and other elevated structures to be extremely attractive nesting and roosting platforms. Failure to abide by the rules and regulations of the MBTA can result in criminal penalties, including fines and imprisonment. Enforcement of the MBTA falls under the jurisdiction of the United States Fish and Wildlife (USFWS), which is responsible for implementing regulations, issuing permits, and investigating violations. In addition to these federal protections, some states may also have regulations in place protecting certain species.

What Rules Does the Migratory Bird Treaty Act Set?

Under the MBTA, it is illegal to pursue, hunt, take, capture, kill, possess, sell, purchase, transport, or export migratory birds or their parts, nests, or eggs without appropriate permits. The act covers over 1,000 species of migratory birds, which include the Osprey, Red Tail Hawk, Turkey Vulture, and many others common to be found nesting and roosting on billboards.

You can find the full list here: List of Birds Protected by the Migratory Bird Treaty Act (2020) | FWS.gov

What Happens If a Protected Bird Nests on Your Billboard?

The MBTA prohibits the disturbance, destruction, or removal of nests, eggs, or birds protected under the act without the appropriate permits or exemptions.

Appropriate authorities should be contacted, such as the local office of the United States Fish and Wildlife Service (USFWS), or state wildlife agencies, to report the presence of the protected bird nest. They can provide guidance and help assess the situation on how to proceed in compliance with the MBTA.

In most cases, authorities will advise leaving the nest undisturbed until the birds have completed their nesting cycle. This is known to greatly affect any planned maintenance or construction in order to avoid interfering with the nesting birds during these critical stages.

How Billboard Operators Can Prevent Nesting Before It Starts

They can take preventative measures by implementing an effective bird deterrent solution that can prevent birds from landing and nesting on their structures without harming them.

The Outdoor community has recently partnered with Symterra, a new technology that is designed and proven to stop birds from being able to land on structures, creating a billboard specific solution.

Frequently Asked Questions About the MBTA and Billboard Bird Control

What is the Migratory Bird Treaty Act (MBTA)?

The Migratory Bird Treaty Act (MBTA) is a federal law that protects migratory birds, their nests, eggs, and certain bird parts in the United States. It was enacted in 1918 to support bird conservation and wildlife protection. The law applies to more than 1,000 protected bird species.

Why should billboard operators be concerned about the MBTA?

Billboards are attractive nesting and roosting locations for many bird species, including protected birds. If a protected bird nests on a structure, billboard operators must follow federal regulations before taking any action. Failure to comply can result in significant penalties.

What types of birds commonly protected under the MBTA are found on billboards?

Protected species commonly found on billboards include ospreys, red-tailed hawks, turkey vultures, and many other migratory birds. These birds often choose elevated structures because they provide safety and visibility. Once they establish nests, legal protections apply.

What happens if a protected bird nests on a billboard?

If a protected bird nests on a billboard, the nest generally cannot be disturbed without proper authorization. Operators should contact the appropriate wildlife authorities for guidance. In many cases, the nest must remain undisturbed until the nesting cycle is complete.

Is it legal to remove a protected bird nest from a billboard?

In most cases, removing an active nest without proper permits is prohibited under the MBTA. The law protects not only the birds but also their nests and eggs. Operators should always consult wildlife authorities before taking action.