Under the Federal Migratory Bird Treaty Act, is it legal to possess any portion of a wild migratory bird, its eggs, or nest without permission?

• A. Yes
• B. No
• C. Only if the nest is empty
• D. No; possession is illegal unless relocation is approved under special circumstances

Answer: (D)

Under the Migratory Bird Treaty Act, it is illegal to possess wild migratory birds, their eggs, or nests without a permit. The only time possession can be allowed is if an appropriate authorization is granted—such as a permit or approved plan that explicitly allows relocation or handling under special circumstances. In other words, you cannot legally hold or move these items unless the issuing authority has approved a relocation or other permit-based exception. This is the safeguard that ensures migratory birds and their nesting sites are protected, while still allowing trained rehabilitators to act when a specific, authorized need arises.