Killing a goose is a federal crime, but in almost every situation it is a misdemeanor, not a felony. Under the Migratory Bird Treaty Act, the offense only becomes a felony when the bird is taken with intent to sell or barter it, or is actually sold or bartered. A standard misdemeanor conviction carries a fine of up to $15,000 and up to six months in jail; the felony provision carries up to two years in prison. Whether killing a goose is a felony comes down to one question: was there a commercial motive?
Why Killing a Goose Is a Federal Crime at All
Every native goose species in the United States, including the familiar Canada goose, is a protected migratory bird under federal law. The official list at 50 CFR 10.13 names the Canada goose (Branta canadensis) alongside hundreds of other species.1eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act It doesn’t matter whether a particular flock actually migrates. Resident Canada geese that live in a suburban pond year-round carry the same federal protection as birds flying south in formation.
The protection comes from the Migratory Bird Treaty Act of 1918, which implements conservation treaties with Canada, Mexico, Japan, and Russia.2U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918 Under the MBTA, it is illegal to kill, capture, sell, trade, or transport a protected bird, or to disturb its nest or eggs, unless you hold a valid federal permit or are acting within an authorized hunting season.
The Misdemeanor Charge Most People Face
The penalty structure sits at 16 U.S.C. § 707, and it draws a hard line between ordinary violations and commercial ones. If you kill a goose without a permit, outside of a legal hunting season, or in violation of any MBTA regulation, you have committed a misdemeanor. The maximum penalty is a fine of up to $15,000, up to six months in jail, or both.3Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties; Forfeitures
The misdemeanor is essentially a strict-liability offense. Prosecutors do not need to prove you intended to kill the bird or knew it was protected. Shooting a goose because it was tearing up your garden, trapping one that kept hissing at your kids, running one over on purpose — all of these fall into the misdemeanor provision. So does killing a goose during the open hunting season if you lacked the required licenses or stamps.
When Killing a Goose Becomes a Felony
The felony provision kicks in only with a commercial element. Under 16 U.S.C. § 707, it is a felony to knowingly take a migratory bird with the intent to sell or barter it, or to actually sell or barter one. The felony carries a fine of up to $2,000, up to two years in prison, or both. Equipment used in a commercial violation — firearms, traps, nets, vehicles — can also be seized and forfeited to the federal government.3Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties; Forfeitures
Something counterintuitive sits in that fine structure. The felony fine cap of $2,000 is lower than the misdemeanor cap of $15,000. The felony’s real weight is the prison exposure, which jumps from six months to two years, and the lasting consequences of a felony conviction on your record. The felony also requires proof that you acted “knowingly,” which is a much higher bar than the strict-liability misdemeanor.
The practical result: shooting a goose in your backyard without a permit is a federal misdemeanor. Shooting geese to sell the meat, feathers, or carcasses is a felony. The dividing line is intent to profit, not the number of birds or the method used.
The Lacey Act Can Add Felony Charges on Top
A second federal statute often attaches to serious cases. The Lacey Act makes it a separate crime to sell, transport, or acquire wildlife that was taken in violation of federal, state, or tribal law.4Office of the Law Revision Counsel. 16 USC 3372 – Prohibited Acts If someone illegally kills geese and then moves them across state lines or sells them, the Lacey Act creates an additional charge on top of the MBTA.
Lacey Act penalties run heavier than the MBTA’s. A knowing violation involving import, export, or sale of wildlife worth more than $350 carries up to $20,000 in fines and up to five years in prison. A lesser knowing violation, where the person should have known the wildlife was illegally taken, is punishable by up to $10,000 and one year in prison.5Office of the Law Revision Counsel. 16 USC 3373 – Penalties and Sanctions Equipment can be forfeited here too. In commercial poaching cases, prosecutors stack the MBTA felony with Lacey Act charges, and combined prison exposure can reach seven years.
Does Intent Matter? Accidents and Incidental Kills
Readers often ask whether the law applies when the killing wasn’t intentional. For the misdemeanor, the answer is yes. A 2021 rule from the U.S. Fish and Wildlife Service returned the MBTA to its longstanding interpretation that the Act prohibits incidental take — unintentional killing that results from otherwise lawful activity.6Federal Register. Regulations Governing Take of Migratory Birds; Revocation of Provisions
In practice, federal enforcement focuses on situations where harm was foreseeable and preventable, such as industrial operations that fail to cover toxic waste ponds. A driver who accidentally hits a goose with their car is unlikely to be charged, but the legal authority to charge exists. The felony provision is different: it specifically requires that the person acted “knowingly” with intent to sell or barter, so a true accident cannot support a felony.
State Charges Can Stack on Federal Ones
State wildlife codes supplement the MBTA. They can add restrictions but cannot weaken federal protections, and the same act can trigger both state and federal charges. Most states treat wildlife violations as misdemeanors, but some elevate repeat offenses or commercial poaching to the felony level under their own criminal codes. State penalties often include revocation of hunting privileges, meaning you lose the right to hunt anywhere in the state for a period of years.
Local ordinances matter too, especially in the suburban settings where goose complaints usually arise. Firearm discharge rules in residential zones can make it illegal to shoot a goose even during an open hunting season and even with every required federal and state permit, because the location itself prohibits shooting. A violation of that ordinance carries its own penalty, separate from any wildlife charge.
The Legal Ways to Kill a Goose
Three narrow paths let you kill a goose without breaking the law. The first is hunting during an authorized season with the full set of required licenses: a federal Migratory Bird Hunting Stamp (Duck Stamp), a state hunting license with any applicable waterfowl endorsement, and Harvest Information Program registration in each state where you hunt.7Office of the Law Revision Counsel. 16 USC 718a – Prohibition on Taking8U.S. Fish & Wildlife Service. Migratory Bird Harvest Surveys – What We Do Goose seasons generally run from late September through mid-February, with exact dates set by state wildlife agencies within a federal framework.9U.S. Fish & Wildlife Service. Migratory Bird Hunting Regulations Missing any one of those credentials turns a lawful hunt into a misdemeanor.
The second is a federal depredation permit (Form 3-200-13), which authorizes killing or capturing birds that are damaging property, threatening human health, or creating safety hazards.10U.S. Fish & Wildlife Service. 3-200-13: Migratory Bird – Depredation The application requires documentation that nonlethal methods were tried and failed, and the permit itself specifies how many birds you can take and by what means.
The third is a standing depredation order, most often used by farmers for resident Canada geese causing agricultural damage. The agricultural depredation order at 50 CFR 21.165 lets state wildlife agencies authorize producers to destroy nests and eggs year-round and to kill adult geese during specified summer windows, subject to approved methods and recordkeeping.11eCFR. 50 CFR 21.165 – Depredation Order for Resident Canada Geese at Agricultural Facilities
Scaring or harassing geese away from your property is legal without a permit, as long as you don’t physically harm them.10U.S. Fish & Wildlife Service. 3-200-13: Migratory Bird – Depredation Air horns, dogs, visual deterrents, and habitat changes are all fair game. Killing one is not, outside those three authorized paths — and if you take that step without authorization, the question of felony versus misdemeanor comes down to whether you were trying to sell the bird.