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Raptors as a nuisance species

  • Protected under the Federal Migratory Bird Treaty Act.
  • Cannot Destroy or Harm.
  • For assistance with problem vultures and hawks, contact USDA – Wildlife Services at (804) 739-7739.

Raptors, which include eagles, hawks, kites, harriers, falcons, osprey, owls and vultures, are fascinating and worthy of our attention. The now famous red-tailed hawk, Pale Male, who was evicted from his nest site high atop an upscale New York City apartment, but then allowed to return, now has his own website and is the subject of an award-winning documentary. For the last several springs, many Richmonders have been thrilled to watch the progress of a pair of peregrine falcons caring for their offspring via a video camera installed on the McGuire Woods building and eagerly anticipate their return.

Raptor Identification and Conservation

With the exception of vultures, which will be covered separately, raptors share the following features: powerful feet with sharp, curved talons used to capture their prey, a sharp, hooked beak for cutting and tearing meat, and keen eyesight. While owls predominantly hunt at night, all other raptors are diurnal or daytime predators.

While people today enjoy watching hawks and eagles soaring majestically high overhead, it wasn’t all that long ago when raptors were wrongly persecuted as “varmints”. Widespread use of DDT following World War II further decimated populations of many of these top predators. The bald eagle, peregrine falcon and osprey were especially hard-hit. Native to Virginia’s Allegheny and Blue Ridge mountains, the peregrine was extirpated as a state nesting species by the 60s and all were placed on both the federal and Virginia state endangered species list. Following the ban of DDT in 1974, raptor populations began to slowly recover. Osprey and bald eagles have now been de-listed but are still protected under the Federal Migratory Bird Treaty Act.

As the Commonwealth’s wildlife agency, the Virginia Department of Wildlife Resources played a lead role in the restoration and management of peregrines in the state. Beginning in 1978 on the Eastern Shore, state biologists used a method known as “hacking” to re-introduce peregrines. This process involves placing 3-6 month-old chicks into a protective box at a release site. Food is provided daily, but interactions with humans are kept to an absolute minimum. Ten to 15 days later, when the young falcons are able to fly, the box is opened and the birds released. Food is provided until the birds are able to hunt successfully. There are now 17 known breeding pairs in the Hampton Roads and Eastern Shore and another pair has successfully nested in downtown Richmond. Visit the falcon section of our website for more information. Peregrines were taken off the federal endangered species list in 1999, but are still protected as a State Threatened species in Virginia.


The great majority of Virginia’s ospreys are migratory, arriving from their winter haunts in March and April, and then departing in August and September. Males typically arrive on their breeding territories one to two weeks before females, with mating activity commencing immediately after arrival of the female. Eggs are typically laid in April and are incubated by the female for 35-37 days. The young remain in the nest for approximately 8 weeks after hatching. Most young are capable of sustained flight by late June or early July; yet, after fledging from the nest, the young remain dependent on the parents for up to 2 months. The Virginia Department of Wildlife Resources (DWR) and the U.S. Fish and Wildlife Service (USFWS) exercise state and federal authority, respectively, over conservation and management of osprey in Virginia. The DWR, in consultation with USFWS and with the Virginia Wildlife Services office of the U.S. Department of Agriculture (USDA/WS), has developed guidance to ensure that problematic osprey nests are managed in a consistent and lawful manner in Virginia.

Inactive Nests

An inactive nest is defined as a nest without any eggs or dependent (flightless) young and includes nests under construction. Inactive nests may be removed or relocated at any time without authorization or consultation. However, affected landowners may call the DWR or the USDA/WS to informally consult on pending removals or relocations if they so desire. It can be very difficult to discern the status of a nest from below, but the majority of Osprey nests in Virginia are active from 1 April through September 15. Vigilance and continued removal of sticks is strongly recommended in the weeks that follow removal of an inactive osprey nest, given the strong probability that the same Osprey pair will continue attempting to nest at the site from which the nest was removed. If an egg is laid during the course of nest removal activities, the nest is considered active and nest removal activities must cease immediately.

Active Nests

An active Osprey nest is defined as a nest containing one or more eggs or occupied by dependent (flightless) young. Active nests should not be removed until the young are able to fly (fledge). Only when a nest poses a direct threat to human health or safety or when the birds, nest, or eggs themselves are threatened should the removal of an active nest be considered. In rare situations, removal of an active nest that merely constitutes a nuisance may be authorized if it interferes with the operation or intended use of a structure. Anyone seeking to have an active nest removed must contact the DWR, the USFWS, or the USDA/WS.

More detailed information on osprey (PDF) is available on our website.

Peregrine Falcon

The peregrine is one of two species of falcons that nest in Virginia. The other, the American kestrel, is North America’s smallest raptor. The slightly larger merlin is a common winter visitor, especially to the tidewater region. Falcons belong to a different family than that to which most hawks and eagles belong. Their long, pointed wings and long compressed tails are adapted for the high-speed predatory dives. Considered the world’s fastest bird, peregrines can achieve speeds up to 200 mph during a dive. Kestrels can be seen “kiting” or hovering in the air over potential prey.


Six species of hawks nest in Virginia: red-tailed, red-shouldered, broad-winged, Cooper’s, sharp-shinned, and the Northern harrier. The red-tailed hawk is perhaps the one with which most people are familiar, as it is commonly seen perched along roads and interstate highways, especially during the winter months. Red-tailed along with red-shouldered and broad-winged, are known as buteo hawks. Buteos typically soar in high circles and have long, broad wings and rounded, fan-like tails. Broad-winged hawks, more commonly seen in the western Piedmont and mountains, are famous and unique among raptors for migrating in large groups known as kettles, with numbers often recorded in the thousands.

Cooper’s and sharp-shinned hawks belong to the group known as accipiter hawks. Similar in overall appearance (Cooper’s are the larger of the two species), they both have short, wide, rounded wings and long, narrow tails. These features allow them to make the quick maneuvers necessary to capture songbirds, their favored prey. If you have spotted a hawk hanging out by your backyard feeder, it was most likely one of these two. If you have a problem with hawks taking songbirds at the feeder(s), then take the feeder(s) down for at least one to two weeks. This will disperse the songbirds and the hawks will move on for easier prey. Plant native plants in your yard that are attractive to songbirds as food and/or shelter. This will allow the birds to remain in your yard/property in a more dispersed manner than using feeders, which causes songbirds to congregate in small and usually open areas that are easier for hawks to hunt.


The Northern harrier, formerly known as the marsh hawk, is a low-gliding hawk most easily distinguished by its white rump patch just above the tail. As its former name would imply, it is most commonly seen flying low over our coastal marshes. Continued loss of this habitat, however, has led to declining numbers of this species and it is now on the state’s list of species of greatest conservation need (Tier III).


Owls are supremely adapted as nocturnal raptors. Their exceptionally large eyes maximize their ability to see in dim light. To match an owl proportionately, our eyes would have to be as big as basketballs! Their soft feathers allow for virtually silent flight. Many species have facial discs that help capture sound and off-center ear openings that allow them to triangulate prey location. Virginia has four species of owls that regularly nest in the state: the great horned, barred, barn, and Eastern screech-owl. In addition, both the short-eared and northern saw-whet owls, common winter residents, have also been known to breed here. Both the barn owl and the northern saw-whet are on the species of special concern list.


Vultures have historically been grouped with other raptors on the basis of their overall appearance. Often seen soaring high in the sky, they are often mistaken for hawks or eagles.

However, it has recently been determined that the seven species of New World vultures are more closely related to storks than to the hawks and eagles with which they were originally grouped. Unlike all other raptors, vultures are not birds of prey. They feed solely on carrion, preferring animals that have been dead for two to four days. This explains why they, unlike all other raptors, lack strong, grasping feet and talons. Feeding on carrion has led to a number of other vulture adaptations. Long, broad wings allow for many hours of effortless soaring. The elevated hind toe and blunt talons allow for easier walking. Their bare heads keep otherwise-present feathers from getting dirty and specialized enzymes and bacteria allow them to eat contaminated meat.

Watching for Raptors

Late winter and early spring is an excellent time to be on the lookout for raptors in your area. Nesting activities have already begun for the bald eagle and many buteos and owls; falcons, vultures and the osprey will begin in March, and accipiters in April. While some North American raptors over-winter, others, including falcons and accipiters, migrate to warmer climates. Many people enjoy heading to Virginia’s well known viewing sites to observe fall migration, especially witnessing the kettles of broad-wing hawks that may number in the thousands. Included among the most popular sites are Snicker’s Gap, west of Leesburg, Rockfish Gap, north of Charlottesville, off of I-64, Harvey’s Knob overlook along the Blue Ridge Parkway north of Roanoke, and Kiptopeake State Park on the Eastern Shore. Raptor migration begins in late August, peaks in late September and continues through mid to late October.

For More Information

If you’re interested in learning more about raptors, the Loudoun Valley Raptor Center and the Peregrine Fund will provide you with additional information and pictures of both Virginia species as well as raptors from around the world. You can also follow hawk sightings at the Virginia Society of Ornithology by subscribing to the VA-Birds listserv or contacting your local bird club.