Are Seagulls a Protected Bird? Legal Status Explained

Yes, seagulls are protected birds under federal law in the United States. Specifically, most species commonly referred to as seagulls—such as the herring gull, ring-billed gull, and great black-backed gull—are safeguarded by the Migratory Bird Treaty Act (MBTA) of 1918. This means it is illegal to harm, capture, possess, or disturb seagulls, their eggs, or active nests without a permit. While many people search for information on are seagulls a protected bird due to frequent encounters in coastal towns and urban areas, the answer remains consistent across most of the U.S.: yes, they are legally protected. However, exceptions exist for permitted control activities in cases of health hazards or aviation safety.

Understanding the Migratory Bird Treaty Act and Seagull Protection

The Migratory Bird Treaty Act (MBTA) is one of the oldest wildlife protection laws in the United States. Enacted in 1918, it was created to implement international treaties with Canada (originally Britain on behalf of Canada), Mexico, Japan, and Russia to protect migratory bird populations. The act makes it unlawful to take, possess, import, export, transport, sell, purchase, barter, or offer for sale any migratory bird, or any part, nest, or egg, unless authorized by a valid permit.

Although the term “seagull” is commonly used, it’s important to note that there is no single species called a “seagull.” Instead, the name refers to various gull species, most of which are covered under the MBTA. The herring gull (Larus argentatus), ring-billed gull (Larus delawarensis), and laughing gull (Leucophaeus atricilla) are all listed as protected migratory birds. These species breed across North America and migrate seasonally, which qualifies them for inclusion under the treaty.

Which Gull Species Are Protected?

Over 30 species of gulls reside in or pass through North America, and nearly all are protected under the MBTA. Below is a table of common gull species often mistaken as generic 'seagulls' and their legal status:

Common Name	Scientific Name	MBTA Protected?	Typical Range
Herring Gull	Larus argentatus	Yes	Northern U.S., Canada, Atlantic Coast
Ring-billed Gull	Larus delawarensis	Yes	Interior U.S. and Canada, migrates south in winter
Great Black-backed Gull	Larus marinus	Yes	Atlantic Coast, Northeastern U.S.
Laughing Gull	Leucophaeus atricilla	Yes	Coastal Southeast U.S., migratory
Bonaparte’s Gull	Chroicocephalus philadelphia	Yes	Transcontinental migrant, breeds in boreal forests

This comprehensive protection ensures that even common and abundant species like the ring-billed gull are not subject to unregulated killing or harassment. Enforcement is carried out by the U.S. Fish and Wildlife Service (USFWS), which investigates violations and issues permits when necessary.

Exceptions to Protection: When Can Seagulls Be Controlled?

Despite full protection under the MBTA, limited exceptions allow for the management of seagull populations when they pose significant risks. These exceptions require federal or state permits and are typically granted only under specific circumstances:

• Airport Safety: Seagulls are a major hazard to aircraft due to bird strike risks. Airports may obtain depredation permits to haze, relocate, or in some cases, lethally remove gulls near runways.
• Public Health Threats: Large colonies nesting in urban areas can create sanitation issues through droppings and food scavenging. Municipalities may apply for permits to disperse nesting colonies if they threaten water supplies or public spaces.
• Agricultural Damage: In rare cases, gulls may damage crops or aquaculture operations. Farmers or fishery operators can seek permits for non-lethal deterrents or limited culling.
• Research and Education: Scientists studying gull behavior or ecology may receive permits to handle birds, band them, or collect samples.

It's crucial to understand that these permits are not issued lightly. Applicants must demonstrate non-lethal methods have been attempted or are impractical, and actions must be justified and monitored.

Regional Differences in Seagull Management

While federal law provides uniform protection, enforcement and local policies can vary. For example:

• In California, state environmental regulations often add an extra layer of review before any gull control measures are approved.
• In New York City, where large gull populations inhabit waterfront parks, the Parks Department uses noise deterrents and habitat modification instead of lethal methods.
• In Alaska, subsistence hunters may have different rules under Native exemptions, though gulls are generally not hunted.
• Coastal resort towns in Florida or South Carolina sometimes employ falconry programs or laser deterrents to discourage nesting on beaches during tourist seasons.

If you're wondering are seagulls protected in my state?, the best course is to consult your state’s wildlife agency or the regional USFWS office. Local ordinances may also impose additional restrictions or allowances.

Biological and Ecological Role of Seagulls

Beyond legal status, understanding the biology of gulls helps explain why they’re protected. Gulls are highly intelligent, adaptable seabirds with complex social behaviors. They play vital roles in coastal ecosystems:

• Scavengers and Clean-up Crews: Gulls consume dead fish, marine debris, and organic waste, helping recycle nutrients and reduce disease spread.
• Predators and Prey: They feed on insects, small fish, and invertebrates, while their chicks and eggs are prey for raptors and mammals.
• Indicators of Ecosystem Health: Changes in gull populations can signal shifts in fish stocks, pollution levels, or climate impacts.

Gulls are long-lived birds—some individuals survive over 20 years—and they exhibit strong site fidelity, returning to the same nesting colonies annually. Disrupting these colonies without cause can have lasting ecological consequences.

Cultural Symbolism and Public Perception

Despite their legal protection and ecological value, seagulls often face negative public perception. Frequently labeled as “flying rats” due to their bold behavior around food, gulls are scapegoated for littering and noise. Yet in many cultures, they symbolize freedom, travel, and adaptability.

In maritime folklore, seeing a seagull following a ship was considered good luck. Some Native American traditions view gulls as messengers between land and sea. Conversely, in urban settings, their increasing presence has led to calls for population control—even though such actions remain tightly regulated.

This cultural tension underscores the importance of education. Knowing that are seagulls a protected bird species under federal law helps foster coexistence and encourages humane solutions to conflicts.

What You Can and Cannot Do Around Seagulls

For the general public, here are clear guidelines based on current regulations:

You CAN:

• Observe and photograph seagulls in the wild.
• Report injured or distressed gulls to licensed wildlife rehabilitators.
• Use humane deterrents like reflective tape, wind chimes, or netting to keep gulls off private property.
• Support conservation efforts through citizen science projects like eBird or coastal cleanups.

You CANNOT:

• Shoot, trap, or poison seagulls.
• Destroy active nests or remove eggs without a permit.
• Keep a seagull as a pet or possess feathers from protected species (a common misconception).
• Feed gulls in areas where it’s prohibited (e.g., certain beaches or parks).

Note: While possessing naturally molted feathers is a gray area, collecting or selling feathers of MBTA-protected birds is technically illegal without authorization.

How to Resolve Conflicts with Seagulls Legally

If seagulls are causing problems on your property or in your community, follow these steps:

1. Document the Issue: Take photos or videos of nesting sites, droppings, or aggressive behavior.
2. Contact Local Authorities: Reach out to animal control, public health departments, or wildlife agencies to report concerns.
3. Explore Non-Lethal Deterrents: Use motion-activated sprinklers, decoy predators (like owl statues), or exclusion netting.
4. Apply for a Permit (if necessary): Work with the U.S. Fish and Wildlife Service or state agency to request a depredation permit if damage is severe.
5. Engage the Community: Educate neighbors about not feeding gulls and securing trash bins.

Prevention is more effective than reaction. Discourage nesting by removing flat rooftops’ accessibility or installing sloped barriers before breeding season (typically March–June).

Common Misconceptions About Seagull Protection

Several myths persist about whether seagulls are protected. Here are clarifications:

• Myth: “Seagulls aren’t real birds, so they aren’t protected.”
  Fact: All gulls are legitimate bird species protected under the MBTA.
• Myth: “If they’re pests, I can shoot them.”
  Fact: No, even nuisance gulls cannot be killed without a federal permit.
• Myth: “Only endangered birds are protected.”
  Fact: The MBTA protects over 1,000 species regardless of population size—including abundant ones like robins and gulls.
• Myth: “Feeding seagulls is harmless fun.”
  Fact: It alters natural behavior, increases dependency, and may violate local ordinances.

Frequently Asked Questions

Can I remove a seagull nest from my roof?

No, not if the nest contains eggs or is actively being used. Doing so violates the MBTA. You can deter future nesting by installing physical barriers before breeding season begins.

Are all gulls protected year-round?

Yes, the MBTA offers year-round protection. However, inactive nests (from previous seasons) may be removed outside of breeding months, provided no new activity is present.

What should I do if a seagull is injured?

Contact a licensed wildlife rehabilitator. Do not attempt to treat or contain the bird yourself, as this could result in injury or legal issues.

Can cities cull seagull populations?

Only with a federal depredation permit. Most municipalities focus on habitat modification and deterrents rather than lethal control.

Is it illegal to feed seagulls at the beach?

It may be prohibited under local ordinances, even if not a federal offense. Feeding can lead to fines in parks or protected areas and contributes to human-wildlife conflict.